THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.17654 OF 2009. Date: 25-08-2009 Between:- T.K.Kodandaram .. Petitioner And The Station House Officer, Marredpally Police Station, West Marredpally, Secunderabad and others. .. Respondents ORDER:- According to the petitioner, though he gave a complaint to the respondents 1 to 3 against one K.Shireesha and others on 06.08.2009, they have not initiated any action so far. Hence, he approached this Court and filed the present writ petition seeking to declare the action of respondents 1 to 3 in not registering his complaint as FIR and in not taking any enquiry or investigation, as illegal and arbitrary, and consequently, to direct them to register the complaint and entrust the case to the Central Bureau of Investigation for further investigation as the officials of respondents 4 and 5 are involved in the crime. 2. Heard both sides. 3. In my considered view, this writ petition is not maintainable for the reason that the petitioner is having an alternative remedy. It is true that as and when a complaint making out a cognizable offence, the police are duty bound to register the same as a crime as provided for under Section 154(1) Cr.P.C. But, Section 154(3) Cr.P.C. is like an exception. According to the said provision of law, if there is inaction on the part of the Station House Officer concerned, the aggrieved person like the complainant can approach the Superintendent of Police concerned and submit a report before him and thereupon, the Superintendent of Police has to investigate into the matter and send a report to the Station House Officer concerned. Further, it is not as though the petitioner is remediless. According to Section 200 Cr.P.C., any aggrieved person can approach a competent criminal court and file a private complaint before it and the Magistrate concerned may take cognizance of the said offence or refer the matter to police as provided for under Section 156(3) Cr.P.C. For this reason also, this Court is of the view that this writ petition is not maintainable. 4. In fact, in a recent Judgment reported in A.K.MATHUR AND MARKANDEYKATJU VS. STATE OF UTTAR PRADESH AND OTHERS[1], the Apex Court has taken similar view. Para No.11 of the said Judgment is as under: “In this connection we would like to state that if a person has a grievance that the police station is not registering his FIR under Section 154 Cr.P.C. then he can approach the Superintendent of Police under Section 154(3) Cr.P.C. by an application in writing. Even if that does not yield any satisfactory result in the sense that either the FIR is still not registered, or that even after registering it no proper investigation is held, it is open to the aggrieved person to file an application under Section 156(3) Cr.P.C. before the learned Magistrate concerned. If such an application under Section 156(3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper investigation to be made, in a case where, according to the aggrieved person, no proper investigation was made. The Magistrate can also under the same provision monitor the investigation to ensure a proper investigation.” 5. Accordingly, this writ petition is dismissed. The petitioner is hereby directed to approach the Superintendent of Police concerned and submit a report before him and the Superintendent of Police shall initiate necessary action in accordance with law. ________________________ GOPALA KRISHNA TAMADA, J 25th August, 2009 Note: Furnish CC by three days B/o AMD/CBS [1] AIR 2008 S.C.907