ORDER :

This writ petition is filed to declare the action of the respondent No.3 in non registration of FIR upon the report of the petitioner dated 13.03.2017, as illegal and arbitrary.

2. The facts of the case are that the Carmel Church, Nellore town belongs to Indigenous Churches India Trust, Head Office at Hyderabad, the trustees of the Indigenous Churches India Trust has appointed the petitioner as Pastor in Carmel Church, Nellore Town, the duty is assigned to the petitioner to serve the god by offering prayers to the Lord Jesus. As such, the petitioner went to Nellore to take the charge as pastor and residing in Nellore town. The petitioner have conduct prayer in the above said church, but Y.V. Ramanaiah, T. Devadanam, S. Titas, K. John Joseph, and K. Devadanam have objected to conduct prayer in the church. Upon which on 04-02-2017, the petitioner made a report to the 3rd respondent along with appointment order thereby requested him to take action against them and the same was informed to the Sub Divisional Police Officer, Nellore. On 05.02.2007, Sunday when the petitioner went to the church to offer and conduct prayer, again, the above said persons have objected and restrained the petitioner. Accordingly, it was brought to the notice of the Sub Divisional Police Officer, and on 11-03-2017, the said issue was brought to the notice of the 3rd respondent, but the 3rd respondent failed to take action against them. Thereafter, again the above said facts reported to the 2nd respondent. The 3rd respondent is failed to issue receipt for the report lodged by the petitioner. The report made out a prima facie case of wrongful restrain, wrongful confinement and criminal trespass which warrants criminal law into motion, but the respondent No.3 failed to act upon the report. Hence, the present writ petition.

3. Heard Sri B.Sesi Bushan Rao, learned counsel appearing for the petitioner and learned Assistant Government Pleader for Home appearing for the respondents.

4. On hearing, learned counsel for the petitioner while reiterating the averments made in the petition submits that even though the report dated 13.3.2017 made out a prima facie case of wrongful restrain, wrongful confinement and criminal trespass which warrants criminal law into motion, but the 3rd respondent failed to act upon the report. He submits that the action of the 3rd respondent in non-registering the FIR upon the reports dated 4.2.2017 and 13.3.2017 respectively, is illegal and arbitrary. Therefore, learned counsel for the petitioner requests this Court to pass appropriate orders.

5. Per contra, learned Assistant Government Pleader for Home while relying on the decisions of this Court passed in W.P.No.14324 of 2020 & batch, W.P. No.8384 of 2020 & batch and also a decision of a Division Bench this Court passed in W.A.No.104 of 2022, submits that, in the above judgments it was held that the writ petitions, in view of the availability of efficacious and alternative remedy, were not maintainable and directed the petitioners to avail the alternative remedy, if they were so advised. Therefore, learned Assistant Government Pleader prayed to dismiss the writ petition and issue a direction to the petitioner to avail the alternative remedy.

6. In a case of Lalita Kumari V. State of Uttar Pradesh1, wherein the Apex Court held that a duty is caste upon the concerned police to register Fir and investigate the same if the complaint discloses the commission of a cognizable offence. The truancy exhibited by the respondent police necessitated them to seek writ jurisdiction of this Court.

7. The legal position in this regard is no more res integra and the same has been well settled as per the authoritative pronouncements of the Apex Court as well as this High Court. Now it is well settled law that when police failed to register the F.I.R. based on the report lodged by any individual disclosing commission of a cognizable offence, his remedy is not by way of filing a writ petition under Ar