O R D E R:

This writ petition is filed with the following prayer;

“to issue a writ of mandamus or any other appropriate writ, order or direction more particularly one in the nature of writ of mandamus to declare the inaction of the respondents herein, particularly 3rd to 6th respondents, neither registering the criminal case nor arrest the culprit i.e., 7th unofficial respondent, despite official respondents received the cognizable complaint of the petitioner dated 23-07-2022 and still respondents not yet registered the case or arrested the culprit i.e., 7th unofficial respondent, and same is illegal, arbitrary, unjust and it’s nothing but misuse of their official powers and consequently direct the respondents herein, particularly 3rd to 6th respondents herein, forthwith register the criminal case under appropriate section of law including arrest the 7th unofficial respondent pursuant to the petitioner’s cognizable criminal complaint on 23-07-2022”.

2. Mr. S. Dinesh, learned counsel for the petitioner, submits that the petitioner being a businessman at Sharjah, UAE, is the owner and pattadar of the agricultural patta land to an extent of Ac.2.12 gts in Sy.No.138/B and Ac.1.00 gts in Sy.No.140/A5, situated at Kunoor Village, Bhongir Mandal, Yadadri-Bhongir District and he has entered into a development agreement dated 14-02-2015 with one Mr.A.G.Prabhakar, who is the Proprietor of M/s.Angel Constructions and Builders, for the purpose of development and laying the layout and converting into the residential plots. He submits that the petitioner came to know that respondent No.7 has forged the signature of the petitioner in respect of Memorandum of Understanding dated 10-02-2016 and cheated and deceived the petitioner by forging his signatures in order to threaten and blackmail him. He submits that the petitioner has not signed the alleged Memorandum of Understanding as he was not in India on that particular day and subsequent days and hence, he lodged a complaint before the respondent police on 23-07-2022, but no action has been taken by registering the crime against the unofficial respondent No.7. Learned counsel submits that the in-charge of the police station is bound to register the FIR in terms of Section 154 Cr.P.C. when the allegations in the complaint give rise to a cognizable offence. It is also stated that the duty of the police officer to register a case and carry out proper investigation into the matter and ascertain the cause behind the complaint. Learned counsel submits that the inaction of the respondent police is highly arbitrary and illegal. Hence, the petitioner has come up before this Court by filing a Writ Petition.

3. Learned Assistant Government Pleader for Home Sri A. Manoj Kumar submits that he will get instructions in this matter and file a detailed counter.

4. Though there are no fetters in entertaining a writ petition under Article 226 of the Constitution of India, whenever a person complains of violation of his fundamental right or statutory right, one of the self imposed restraint is when there is statutorily engrafted adequate and efficacious alternative remedy available to such person to redress his grievance the court do not entertain the writ petition but relegate the party to avail such remedy before invoking extraordinary jurisdiction of this Court.

Bhimidipati Annapoorna Bhavani v. Land Acquisition Officer, Yeluru Reservoir Project, Peddapuram, East Godavari District, A.P. and others1, 5. The Court has recognised some exceptions to the rule of alternative remedy i.e. where the statutory authority has not acted in accordance with the provisions of the enactment in question, or in defiance of the fundamental principles of judicial procedure, or has resorted to invoke the provisions which are repealed, or when an order has been passed in total violation of the principles of natural justice, the proposition laid down in Thansingh Nathmal case [AIR 1964 SC 1419] , Titaghur Paper Mills case [Titaghur Pape