IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.28386 of 2007 Between: Syed Chand … Petitioner AND The Commissioner of Police, Hyderabad, Basheerbagh, Hyderabad, & another. … Respondents Counsel for the petitioner : Sri Mohd. Mohinuddin Counsel for the respondents : AGP for Home This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.28386 of 2007 ORDER:- This writ petition is filed for a writ of mandamus to declare the action of the respondents in not registering crime upon written complaint dated 17.12.2007 of the petitioner, as illegal and unconstitutional and to direct the respondents to forthwith register a case on the basis of the said written complaint against the accused responsible for the death of the petitioner’s daughter at Government Maternity Hospital, Nayapul, Hyderabad. Heard Sri Mohd. Mohinuddin, learned counsel for the petitioner and the learned Assistant Government Pleader for Home. At the hearing, learned Assistant Government Pleader stated that on the basis of the complaint of the petitioner crime No.243 of 2007 was registered under Section 176 of the Code of Criminal Procedure 1973 (for short, ‘Cr.P.C.’) and hence the petitioner cannot have any grievance. The learned counsel for the petitioner, however, submitted that registration of complaint under Section 176 Cr.P.C. is wholly inappropriate and that the respondents ought to have registered the crime against the doctors, who are responsible for the death of the petitioner’s daughter. Having considered the submissions of the learned counsel for the petitioner and perused the record, I am of the view that since the grievance of the petitioner is that the respondents failed to register a case against the persons, who are guilty of causing death of his daughter, he has an effective remedy by approaching the jurisdictional Magistrate under Section 190 read with Section 200 Cr.P.C. as held by the Supreme Court in Aleque Padamsee and others v. Union of India and others[1]. The writ petition is therefore disposed of with liberty to the petitioner to approach the jurisdictional Magistrate with a private complaint under Section 190 read with Section 200 Cr.P.C. and seek appropriate directions therein to the police to ensure the registration of the case against the persons, who are responsible for the death of his daughter. As a sequel to disposal of the writ petition, WPMP.No.37084 of 2007 filed by the petitioner for interim relief is dismissed. ____________________________ C.V.NAGARJUNA REDDY, J Date: 25.03.2008 ES [1] (2007) 6 SCC 171