THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.12843 OF 2018

O R D E R:

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

“…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent Nos.2 and 3 as illegal, arbitrary, contrary to law for not register a criminal case as per the contents of the complaint filed by the petitioner on 19.02.2018 and consequently direct the 1^st and 2^nd respondents to entrust the investigation to the 4^th respondent the real truth will come …”

2. None appeared on behalf of the petitioner.

3. The learned Assistant Government Pleader for Home, appearing for respondent Nos. 1 to 4, submits that upon making entries in the General Diary, it was revealed that the issue raised in the petitioner’s complaint dated 19.02.2018 pertains to a civil dispute that is already sub-judice before the competent Civil Court in O.S. Nos. 42 of 2011 and 12 of 2003. Hence, no criminal case was registered. It is further submitted that if the petitioner is still aggrieved, he has an efficacious alternative remedy available under the provisions of the