O R D E R:

This Writ Petition under Article 226 of the Constitution of India is filed for the following relief:

“…to issue writ, order or direction more particularly one in the nature of Writ of Mandamus directing the 1st to 3^rd Official Respondents, to register the complaint of the legal heirs of the ryotwari patta holders, as the petitioners herein submitted on 23.01.2020 through WhatsAPP and 25.01.2020 in 2nd Respondent Office, with reference to the provisions of the SC/ST (POA) Amendment Act, 2015 and connected Sections of IPC against the Official Respondent No.7 and his staff of the Railways Department, with respect to the serious attempts of Dispossession, Threatening, Harassment and Criminal Intimidation for the purpose of grabbing the Agricultural land belongs to the Schedule Tribe Community farmers zeroyati-patta land for an extent of part of total 78-00 acres, in the East-Direction in S.No.26/Part, abutted to S.No.27 of Mudasarlova Village, Visakhapatnam Rural Mandal, Visakhapatnam District, for which the petitioners received compensation under agricultural crop damage affected due to Hud-hud Cyclone in 2014, under the guise of alleged Combined-Sketch for an extent of Ac.50.12 Cents in S.Nos.26 and 27 without mentioning the respective extents against each numbers, prepared jointly in the year 2010 by the Railways and GVMC Departments, i.e. 4^th to 7^th Respondents, without giving prior notice to the possessors of families of the petitioners who are cultivating the land prior to the commencement of settlement records and consequently direct the 8th to 14th Respondents to dispose of all the pending claims of the petitioners with respect to the implementation of earlier orders of the then District Collector vide D.Dis.No.2105/59 dated 30.05.1969 as well as for deletion of subject land from the list of prohibition U/s 22(A)1(a) forwarded through Mee-

Seva, within time-frame of one-month and pass…”

2. Learned counsel for the petitioners would submit that police did not register F.I.R. inspite of their report dated 25.01.2020.

3. Per contra, learned Additional Government Pleader for Home on written instructions would submit that police on receipt of report, made preliminary enquiry, and found that the dispute is between the petitioners and Railway Authorities, and it is a civil dispute. Therefore, no action was taken in this regard as police cannot involve in civil disputes.

4. In the light of Hon’ble Apex Court in The Hon’ble Apex Court in the case of M.Subramaniam Vs. S.Janaki and another¹, held 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) Cr.P.C. 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. In that view of the matter, this Court is of the considered opinion that the matter can be disposed of at the stage of admission, without going into the merits of the case. The

2020 (16) SCC 728.

petitioners are at liberty to approach the learned Jurisdictional Magistrate for necessary relief by filing a private complaint as per the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and in view of the judgment referred above.

6. Accordingly, the Writ Petition is disposed of at the stage of admission. There shall be no order as to costs.

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