- (1.) The Court : The petitioners in this art.226 petition dated July 23, 2010 are seeking the following principal reliefs: "(a) A writ in the nature of mandamus commanding the respondents No.2 to 4 to take immediate cognizance of the complaint lodged by the petitioner dated 12.7.2010. (b) A writ in the nature of mandamus commanding the Respondent No.2 to 4 prevent the ill acts and motive of the Private Respondents and their associates for taking forcible possession of their property of the petitioners during cultivation period and harvesting period simaltaneously."
(2.) Counsel submits that in view of the provisions of s.23 of the Police Act, 1861 the police are empowered to take cognizance of offence. I am unable to agree with him. The police have no power to take cognizance of any offence. If the private respondents have committed any offence and the police have decided not to register an FIR, in my opinion, the petitioners should have approached the Magistrate under s.156(3) or s.190 of the Code of Criminal Procedure, 1973.
(3.) Counsel next submits that since on an application to the Magistrate, the Magistrate would have made an order directing the police to register an FIR, there is no difficulty in making such an order by the High Court under art.226.;