IN THE HIGH COURT OF ANDHRA PRADESH AT HYDERABAD Taken UP W.P.No.25854 of 2007 Dt. 21-01-2008 Between: B.Nageshwar Rao ..Petitioner and 1. The SHO, Miyapur P.S., R.R.District and others. ..Respondents THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURALBE SRI JUSTICE NOOTY RAMAMOHANA RAO Taken UP W.P.No.25854 of 2007 Oral Order: (Per Hon’ble Sri Justice A.Gopal Reddy) Letter addressed by Nageshwar Rao, President, Gokul Plot Owners Welfare Association to the Commissioner of Police, Cyberabad, R.R.District marking a copy to the Hon’ble the Chief Justice of Andhra Pradesh High Court is taken up as writ petition. The contents of the complaint lodged with the Commissioner of Police shows that on 22–01-007 P.S.Prasad and his lawyer V.Venkataramana came along with his henchmen, police and municipal authorities and pull down 150 semi permanent houses and one permanent construction at Venkataramana Colony, Hafeezpet. Rajasekhar Chowdary, Shivaji, Durga Rao and Sanjeeva Reddy, Executive Members of erstwhile Hafeezpet House Building Welfare Association took the police and the municipal people to the selected houses of those who did not obtain NOC from them; the police and municipal authorities demolished all those houses. They gave a compliant on 22-11-2007 to the Miyapur Police Station for necessary action, who did not register the same. The counter affidavit filed by Sub-Inspector of Police, Miyapur Police Station shows that suo motu case in Cr.No.425 of 2007 under Section 151 Cr.P.C. was registered on 22-11-2007 against one Ch.Aruna and 15 others of Gokul Plots. On the compliant made by one Shiva Kumar, Cr.No.426 of 2007 under Sections 447, 427, 290, 504, 506 IPC was registered on 22-11-2007. On the basis of the said compliant necessary police protection has been given at the time of demolition work conducted by Municipal and Revenue authorities. The petitioner herein was shown as A8 in Cr.No.426 of 2007. It is well settled unless the petitioner exhausts the alternative remedy of approaching the Magistrate under Section 190 Cr.P.C., issuing a direction for registering the crime does not arise. (See: ALEQUE PADAMSEE V. UNION OF INDIA (2007) 6 SCC 174). The writ petition is accordingly dismissed. _______________ A.GOPAL REDDY, J. ________________________ NOOTY RAMAMOHANA RAO,J 21-01-2008 Murthy