IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 20329 of 2004 Between: 1 Geetha, W/o Srinivas, R/o 8-2-408, Road No.6, Banjara Hills, Hyderabad 2 Prema Dasarathi, W/o Ganesh Dasarathi, R/o Road No.6, Banjara Hills, Hyderabad 3 Lal Mohammed, S/o Shaik Madar Saab, R/o 8-4-422/7, Erragadda, Hyderabad ... PETITIONERS AND 1 Commissioner of Police, Cyberabad, Ranga Reddy District 2 Station House Officer, Police Station, Sanathnagar, Ranga Reddy District 3 Deva Bushanam, S/o Samuel, R/o Plot No.224, Padmavathi Nagar, Allapur Village, Balanagar Mandal, Ranga Reddy District ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to for the reasons stated in the accompanying affidavit it is prayed that this Hon'ble Court may be pleased to pass an order or orders one in the nature of Writ of Mandamus by declaring the inaction of the respondent No.2 for not registering the complaint dated 26-07-2004 given by the petitioner against the respondent No.3 and also the complaint given to respondent No.1 dated 5-8-2004 against the respondent No.3 as the same is totally illegal, arbitrary against the principle of natural justice. Counsel for the Petitioners: MR.SURESH SHIV SAGAR Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER: Petitioner seeks a Writ of Mandamus to declare the action of the second respondent in not registering the complaint dated 26.07.2004 given by him against the respondent No.3 and also the complaint given to first respondent dated 05.08.2004 against the respondent No.3 as illegal and arbitrary. 2. Counter has been filed stating that the said complaints have been received but as the contents were regarding disputes relating to civil nature no crime has been registered and investigation has not been taken up. 3. If that be so, the only course open to the petitioners is to file a private complaint before the concerned Magistrate under Section 200 read with 190 of the Code of Criminal Procedure. In view of the effective alternative remedy available to the petitioners, I am of the opinion that the petitioners are not entitled to any relief in this writ petition filed invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. The writ petition is accordingly dismissed with a liberty to the petitioners to file a private complaint. There shall be no order as to costs. ______________ V. ESWARAIAH, J April 23, 2008 DSK