Avatar Mehar Baba Charitable Trust, Vs The Circle Inspector of Police

This writ petition is filed for a Mandamus to declare the inaction of respondents 1 and 2 on the representation dated 15.02.2010 made by the petitioner as illegal and arbitrary.

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At the hearing, the learned counsel for the petitioner submitted that as one Shiva Ravinder tried to trespass into the property in possession of the petitioner Trust, the above mentioned representation was made to the respondents for taking appropriate action and that despite the said representation, no action is taken

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After hearing the learned counsel for the petitioner, I am of the opinion that the petitioner has effective remedies provided under the provisions of the Code of Criminal Procedure, 1973 (for short “the Code”). If the respondents have not taken action, under Section 154 (3) of the Code the petitioner is entitled to approach the Superintendent of Police concerned with the complaint and even if such measure does not yield any result, it is entitled to file a private complaint before the jurisdictional Magistrate under Sections 190 read with 200 of the Code

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(Aleque Padamsee and others v. Union of India and others^[1] and Sakiri Vasu v. State of U.P^[2] ) .

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For the above mentioned reasons, this writ petition is wholly misconceived and the same is, accordingly, dismissed.

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As a sequel to dismissal of main petition, WPMP No.8126 of

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2010 filed by the petitioner for interim relief is disposed of as infructuous.

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C.V.NAGARJUNA REDDY, J

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Dated 19^th March, 2010