IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11948 of 2008 Between: K. Karunakar S/o. Mogilaiah Bheemaram (V), Hasanparthy (M), Warangal District. ..... PETITIONER AND 1 Superintendent of Police, Warangal. 2 Sub-Inspector of Police, Kakatiya University Campus, Warangal, Warangal (D). .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus directing the respondent No.1 to register a case against petitioner's wife and her family members and also some unknown persons for illegal trespass, physical man-handling and dacoit of Rs.1,50,000/-, House-Breaking at night hours with common intention and object as described in the petitioner's complaint submitted to Respondent No.2 and further to direct Respondent No.1 to include Respondent No.2 as eye-witness of the whole incident and also circumstantial evidence basing on the admission of facts filed in his counter on 06.06.2008 before the Human Rights Commission. Counsel for the Petitioner:MR.P.LALITHA KAMESH Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11948 of 2008 ORDER: It is the case of the petitioner that he married one Smt.Rasamalla Ganga Devi @ Lavanya on 13-05-2004 and thereafter she left the company of the petitioner on 09-02-2005 and accordingly, he filed Divorce O.P.No.33 of 2005 on the file of the I Additional Senior Civil Judge, Warangal. While so, on 07-05-2008, his wife and her family members along with some unknown persons broke open the lock and damaged the house articles and disturbed the cloths and other articles and taken away an amount of Rs.1,50,000/- and accordingly, he made a complaint before the 2nd respondent on 07-05-2008 for taking necessary action against his wife and her family members. If any complaint has been made disclosing cognizable offence, it is the duty of the police to register a case and investigate. In the event of not registering a case, even though the offence is cognizable, the course open for the complainant is to file a representation before the Superintendent of Police and even then, if no action has been taken, the only course open for the complainant is to file a private complaint under Section 200 read with Section 190 Cr.P.C. before the Magistrate concerned. As the petitioner has got alternative remedy, I am not inclined to admit the writ petition. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 12-06-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}