- (1.) THE petitioner in this WP under art.226 is seeking the following principal relief: "(a) Issue of a writ of and/or in the nature of Mandamus, commanding the respondents Nos. 2, 3 and 4 to take appropriate legal step against those antisocials, respondents Nos. 6, 7, 8 and 9 and their Associates."
(2.) COUNSEL for the petitioner submits as follows. The private respondents have forcibly taken possession of an immovable property that the petitioner has purchased. Inspite of complaint the police have not taken any action against the private respondents.
(3.) IN my opinion, the petitioner's remedy, if any, was before the Civil and Criminal Courts. The police possess no power to eject the private respondents from the property, recover possession of the property and give possession thereof to the petitioner. If the petitioner is of the view that the private respondents committed any offence, then, instead of approaching the High Court under art.226 alleging police inaction, he ought to have approached the Criminal Court that would have been in a position to examine the question of passing an order under s.156(3) or s.190 CrPC. Worth of the allegations is not to be examined by the High Court under art.226 for deciding the question whether they make out a case of commission of any cognizable offence. That was to be done by the Criminal Court competent to take cognizance of offence, if any.;