HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.20560 of 2010 Date: August 20, 2010 Between: B. Pushpavathi. … Petitioner And 1. The Commissioner of Police, Hyderabad Twin Cities, Basheerbagh, Hyderabad and 4 others. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.20560 of 2010 ORDER: The complaint in this writ petition is with regard to the inaction of the Inspector of Police, Kanchanbagh P.S. Hyderabad in investigating Crime No.287 of 2006. 2. It appears that the said crime was registered on the basis of a private complaint filed by the petitioner before the VII Additional Chief Metropolitan Magistrate, Hyderabad. By proceedings dated 27.4.2010, the Inspector of Police, Kanchanbagh P.S, Hyderabad requested the Court of the VII Additional Chief Metropolitan Magistrate at Hyderabad to forward the petitioner’s complaint for investigation to some other police station. The petitioner seeks a direction to the same effect, as she wants her complaint to be referred to a special investigating agency or to the CBCID. 3. Lapses on the part of the police in investigating an offence are ordinarily not amenable to review by this Court in a writ petition, in the first instance. The proper course for the complainant in such a case is to approach the Magistrate concerned under Section 156 (3) of Code of the Criminal Procedure. 4. As pointed out by the Supreme Court in Sakiri Vasu v. State of Uttar Pradesh[1] the Magistrate is empowered to monitor the investigative process so as to obtain proper investigation in the matter. In the present case, the VII Additional Chief Metropolitan Magistrate, Hyderabad is already seized of the matter and directed investigation exercising powers under Section 156 (3) Cr.P.C. Therefore, the proper course for the petitioner would be to pursue her remedies before the Magistrate. 5. Needless to state, reference of the case to the CBCID would not be within the domain of the Magistrate and in any event, such reference even by this Court would be only in exceptional circumstances. No such situation is established in the present case. It shall therefore be open to the petitioner to pursue the matter before the Magistrate concerned, who shall take necessary steps under Section 156 (3) Cr.P.C. so as to procure a proper investigation in the matter. 6. The writ petition is closed with the afore-stated observations. There shall be no order as to costs. ___________________ SANJAY KUMAR, J Date: August 20, 2010. BSB [1] (2008) 2 SCC 409