THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.33289 OF 2011 ORDER: The action of respondent Nos.1, 2, 7, 8 and 9, in not registering a case against respondent Nos.3 to 6 on the petitioner’s complaint dated 11.12.2011, is questioned in this Writ Petition as being illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India. Serious allegations are made by the petitioner regarding his being physically assaulted by the police officials resulting in his suffering grievous injuries on his leg. He would also state that he was hospitalised in a Government Hospital on 13.12.2011, and underwent treatment till he was discharged the next day i.e., on 14.12.2011. Allegations are made against a local M.L.A. In the absence of the local M.L.A. being arrayed as a party respondent eo nominee, I see no reason to examine those allegations in this Writ Petition. As held by the Supreme Court, in Sakiri Vasu v. State of Uttar Pradesh and others[1], the petitioner has an effective remedy under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr.P.C.), whereunder the Magistrate concerned has not only the power to order registration of an offence, but also to direct the officer incharge of the concerned police station to hold proper investigation and, if need be, to monitor the investigation, if any, being carried on. In view of the alternative remedy available to the petitioner, I consider it wholly inappropriate to exercise jurisdiction under Article 226 of the Constitution of India. Leaving it open to the petitioner to avail the alternative remedy under Section 156(3) Cr.P.C, the Writ Petition is dismissed. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN, J December 19, 2011 Note: Issue C.C. by 23.12.2011. B/O.MD THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.33289 OF 2011 December 19, 2011 MD [1] (2008) 2 SCC 409