- (1.) The petitioner in this art.226 petition dated September 22, 2011 is seeking the following principal relief: "a) A Writ or order or orders and/or directions in the nature of Mandamus directing the respondents, their agents, subordinates and also the police authorities to consider the representation of petitioner (Annexure-P/4) and also directing the police authorities to take appropriate steps against the private respondents on the basis of the general diaries (Annexure-P/5 series) and also directing the police authorities to post the police picket at the cost of petitioner and also directing the respondents not to disturb the peaceful possession of petitioner."
(2.) Counsel for the petitioner submits that since the police have not taken any action on the basis of information supplied by the petitioner that the private respondents have committed offences, the petitioner has filed this petition seeking a mandamus commanding the police to take action. She has no answer why the petitioner did not go to the Criminal Court.
(3.) In my view, instead of approaching the High Court under art.226, the petitioner should have approached the Criminal Court with his complaint examining which the Criminal Court could consider the question of passing an order either under s.156(3) or s.190 CrPC. Power under art.226 is not to be exercised as a matter of course for examining the worth of the allegations and deciding the question whether an order should be passed directing the police to register an FIR. For these reasons, the petition is dismissed. No costs.;