- (1.) The petitioner in this WP under art.226 dated January 13, 2012 is seeking the following principal relief: "a. A Writ of or in the nature of Mandamus thereby commanding the Respondent Police Authorities to take all necessary steps in accordance with law to protect the peaceful and lawful possession of the petitioner and his family members at the Premises No. 105/52, Dum Dum Road, Kolkata 700074."
(2.) Counsel for the petitioner submits as follows. Inspite of information supplied by submitting a complaint dated December 17, 2011 (at p.35) the officer in charge of the police station concerned has not taken any action. The officer in charge was under an obligation either to register an FIR or to enter the information in the general diary and refer the petitioner to the Magistrate. The officer in charge simply cannot remain silent.
(3.) In my opinion, the petitioner's remedy, if any, was before the Criminal Court. If the officer in charge decided not to register an FIR or to enter the information in the general diary and refer the petitioner to the Magistrate in writing, then, instead of approaching the High Court under art.226, the petitioner ought to have approached the Criminal Court with his complaint examining which such Court could consider 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 whether they make out a case of commission of any offence. That was to be done by the Criminal Court competent to take cognizance of offence.;