HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.23519 of 2007 Dated: 08-02-2008 Between: Raju Krishna. … Petitioner And The Superintendent of Police, Chittoor & another. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.23519 of 2007 ORDER: In this writ petition, the petitioner seeks directions by way of Mandamus to declare the action of the respondents in not registering a Crime on the complaint lodged by the petitioner in the month of June 2006 as illegal and arbitrary. 2. It is the grievance of the petitioner that he is the owner of a house site at Voddikantriga Village and when there was an interference with his possession over the said land by one R.Jagannadham, he filed a suit in O.S.No.3 of 2002 on the file of the Principal Junior Civil Judge, Puttur. The said suit was decreed by a judgment and decree dated 27th of August 2002. It is his case that when he was making preparations to construct a house in the said site by collecting the building material, the said R.Jagannadham went there along with R.Shankaraiah, M.Narsimhulu and their supporters and beat the petitioner, causing bleeding injuries. It is submitted that at first instance a complaint was lodged with the 2nd respondent- Station House Officer, S.R. Puram and as no action has been taken by him, another complaint was lodged before the 1st respondent-Superintendent of Police. 3. On instructions, it is submitted by the learned Government Pleader that the petitioner has filed a complaint on 17th of August 2007 at S.R.Puram Police Station, alleging that he purchased 9 cents of land in Survey No.112/1A of Giddamaharaja Puram village of S.R.Puram Mandal, Chittoor District and that he filed a Civil Suit against R. Jagannadham and obtained decree in the Civil Court. It is alleged that at the instance of the said Jagannadham, one person by name Subrahmanyam was trying to trespass into the said land and therefore, the petitioner requested the Police to take suitable action. It is submitted that on such complaint, an entry has been made in the General Diary of S.R. Puram Police Station and as it was found that the dispute was of civil nature, no action has been taken. 4. In the present writ petition though the petitioner seeks directions to the Police by way of Mandamus to register a case for the alleged offences against the persons named in the complaint i.e. R.Shankaraiah, M.Narsimhulu and R.Jagannadham, but however, those persons are not made party-respondents to this writ petition. In the absence of any such persons being made party-respondents to this writ petition, no directions can be given by way of Mandamus to register a case against the third-parties, who are not impleaded as party- respondents. In any event, if the petitioner is aggrieved of not registering a case by the Police on his complaint, a remedy is available to him under Section 200 Cr.P.C. by way of filing a private complaint before the Magistrate concerned. 5. In that view of the matter, I do not find any merit in this writ petition, which is accordingly dismissed. However, it is open for the petitioner to file a private complaint before the Magistrate concerned, as contemplated under Section 200 Cr.P.C. No order as to costs. ______________________ R. SUBHASH REDDY, J 8th February 2008 ajr