Telangana High Court
WP/40015/2012 of B.Ranganaraju Vs The Superintendent of Police, on 28 December 2012
SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.40015 of 2012 ORDER: The relief sought for in this Writ Petition is to declare the action of respondent Nos.1 and 2 in not taking any action against the unofficial respondents pursuant to the complaints dated 21.11.2012 and 01.12.2012 as
THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN
WRIT PETITION No.40015 of 2012
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ORDER:
The relief sought for in this Writ Petition is to declare theaction of respondent Nos.1 and 2 in not taking any action againstthe unofficial respondents pursuant to the complaints dated21.11.2012 and 01.12.2012 as arbitrary and illegal, and for aconsequential direction to respondent Nos.1 and 2 to act upon thesaid complaints and to provide protection to the petitioners and theirproperty.
As held by the Supreme Court, in Sakiri Vasu v. State of Uttar Pradesh and others[[1]], the petitioners have an effectiveremedy under Section 156(3) of the Code of Criminal Procedure,1973 (Cr.P.C.), whereunder the Magistrate concerned has not onlythe power to order registration of the offence, but also to direct theofficer incharge of the concerned police station to hold properinvestigation as also to monitor the same.
In view of the alternative remedy available to the petitioners, Iconsider it wholly inappropriate to exercise jurisdiction under Article226 of the Constitution of India. Leaving it open to the petitioners toavail the alternative remedy under Section 156(3) Cr.P.C, the WritPetition is dismissed. The miscellaneous petitions pending, if any,shall also stand dismissed. There shall be no order as to costs.
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(RAMESH RANGANATHAN, J)
28.12.2012 vs