- (1.) THE petitioner in this WP under art.226 dated January 5, 2012 is seeking the following principal relief: "a) A writ of mandamus commanding the police authorities to take action against the private respondents and their men/agents/servants for disturbing the petitioner from peacefully enjoying possession of the suit property, to prevent them from creating nuisence over the said property and to preserve the peace and tranquility in the local area within which the suit property is located."
(2.) COUNSEL for the petitioner submits as follows. The Criminal Court passed an order under s.156(3) CrPC directing the officer in charge of Pandua police station to register an FIR under ss.420/468/471/419/453/120A IPC. After the FIR was registered on March 4, 2010 the private respondents started threatening the petitioner. Though necessary information was given, the officer did not take any action against the private respondents. Hence an order should be passed directing the officer to give the petitioner necessary protection. Without ascertaining the correctness of the allegation that after registration of the FIR the private respondents started threatening the petitioner an order cannot be passed mechanically in exercise of power under art.226 directing the officer in charge of the police station to give the petitioner protection. Such an order is not to be passed taking the allegation made by the petitioner at face value, and it is not for the Writ Court to ascertain the correctness of the allegation, for it cannot be ascertained without taking down evidence. When the officer in charge did not find any reason to register further FIR, instead of approaching the Writ Court alleging police inaction, in my opinion, the petitioner ought to have moved the Criminal Court. Correctness of the allegation could be examined by such Court competent to take cognizance of offence, if any. A casual order is not to be made by this Court in effect to facilitate the arrest of the private respondents. Whether they should be arrested is to be examined by the investigating office and the Criminal Court. For these reasons, the WP is dismissed. No costs. Certified xerox.;