IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 19916 of 2009 Between: Ch.Venkateswarlu . .Petitioner And Government of Andhra Pradesh, rep. By its Principal Secretary, Home and others. .. Respondents THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.19916 OF 2009 ORDER: The petitioner filed this writ petition under Article 226 of the Constitution of India seeking a writ of Mandamus to declare the action on the part of respondent Nos.2 to 4 in not registering the case based upon the complaint made by the petitioner dated 16.10.2007 to prosecute the respondent Nos.5 to 9 as illegal and unconstitutional and consequently direct the respondents 2 to 4 to register a case and prosecute the respondents 5 to 9 after obtaining appropriate permissions from the concerned authorities. 2) The grievance of the petitioner is that though he made a complaint to the 4th respondent on 16.10.2009 against respondent Nos.5 to 9, the 4th respondent has not initiated any action i.e., registration of the crime etc., Though a copy of the same was sent to the respondents 2 and 3, who also did not instruct the 4th respondent to register the said crime. Hence, the petitioner approached this Court and filed the present Writ Petition. 3) Heard learned counsel appearing for the petitioner and the learned Government Pleader for Home appearing for the respondents 1 to 4. 4) When once the respondents 2 to 4 have not acted on the basis of the said complaint, it is open for the petitioner to approach the competent criminal Court and file a complaint as provided for under Section 200 Cr.P.C. In my considered view that is the best course left open to the petitioner instead of approaching this Court and filing the present Writ Petition. Accordingly, petitioner is hereby directed to approach the competent criminal Court and file a private complaint and the concerned Magistrate may either take cognizance of the offence or refer the matter to the police for investigation, as provided for under Section 156(3) Cr.P.C., in which event the police are bound to register the First Information Report. 5) With the above observations, Writ Petition is disposed of. There shall be no order as to costs. ________________________ GOPALA KRISHNA TAMADA, J October 06, 2009 KSH