V. V. S. RAO, J. ( 1 ) THIS writ petition has been filed to declare the inaction on the part of respondents 1 to 6 in not taking any action against respondents 7 to 9 despite lodging complaint, as illegal and arbitrary, and consequently direct respondents 1 to 6 to investigate into the complaint lodged by the petitioner and file the charge-sheet ( 2 ) MORE often than not, this Court held that if the Station House Officer of the Police station concerned refuses to register the complaint (F. I. R.) as is required under section 154 of the Code of Criminal procedure, 1973 the complainant may approach the Superintendent of Police of the district concerned. But as no action is being taken by the police in registering the complaints, as is required under Section 154 of the Code the number of citizens approaching this Court under Article 226 of the Constitution of India, is on the increase, and in all such cases, similar averments to the effect that the petitioner is a victim of a crime by another person, and despite approaching the police and lodging complaint, no action is being taken by the police in registering the complaint in accordance with law, are made. ( 3 ) IT is well settled that when any information as to the commission of a cognizable offence is given to the police, section 154 of the Code of Criminal procedure, 1973 obligates the officer in- charge of the Police Station to reduce the same to writing and commence the investigation, after duly furnishing a copy of the information to the complainant, as recorded by him. Even where any information as to the commission of a non- cognizable offence is given to the police, section 155 of the Code obligates the officer in-charge of the Police Station, to enter the substance of the information in a book kept in the Police Station. If the officer in-charge of the Police Station refuses to register (enter the information in the book) as to the commission of a non-cognizable offence, the person aggrieved (complainant) may send the substance of such information to the superintendent of Police of the District concerned, who if satisfied shall investigate the case by himself or direct the investigation thereof by any officer subordinate to him. ( 4 ) IN matters of this nature, when citizens approach this Court seeking a mandamus to the police to discharge their duties in registering the complaints when information as to cognizable offence is given, as is envisaged by the Code, the objective test that has to be applied and followed is to see whether the complaint made by the complainant contains the averments attracting a criminal offence, and that too a cognizable offence. When a non- cognizable offence is alleged or when the police refuses to register a complaint, it is always open to the complainant to approach the Criminal Court or the Magistrate concerned having competent jurisdiction and file a complaint under Sections 199 and 200 of the Code, which is ordinarily called a private complaint . When the complaint is not registered by the police despite lodging complaint, advising the person whose right to life and liberty are violated by another person, to approach a criminal Court and file a private complaint, would be no solace to him, especially when a prima facie case is made out. ( 5 ) CHAPTER XI of Cr. P. C. contains provisions dealing with preventive action of the police. Section 149 lays down that every police officer may interpose for the purpose of preventing, and shall, prevent the commission of any cognizable offence. Section 150 requires every police officer as duty bound to inform about any information regarding a design to commit cognizable offence to the officer to whom he is subordinate and under Section 151, may even arrest, without orders from a magistrate and without warrant, a person so designing to commit a cognizable offence. Further, under sub-section (2), a person who is arrested in relation to a situation under sub-section (1) of Section 151 shall not be detained exceeding 24 hours from the time of his arrest unless the detention of such person is required or authorized under any other provisions of this Code. ( 6 ) AS per Section 39 of the Code, every person aware of the commission of, or of the intention of any other person to commit, any offence punishable under certain Sections of the Indian Penal Code, 1860, shall in the absence of any reasonable excuse, forthwith give information to the nearest Magistrate or police Officer of such commission of offence or intention. Therefore, when a complaint is received by an officer in-charge of the Police station, he shall have to keep in mind section 39 of the Code as well as the liberty of every citizen to seek redressal of his grievance from the duly established police agency or agencies. Indeed, Article 10 of the universal Declaration of Human Rights, 1948 recognizes the right of every citizen to seek criminal justice as a basic human right. ( 7 ) IN this context, reference may also be made to the relevant provisions in hyderabad City Police Act, 1348 Fasli (for short "the Hyderabad Act"), Andhra pradesh (Andhra Area) District Police Act, 1859 ("the Andhra Act" for brevity) and the andhra Pradesh (Telangana Area) District police Act, 1329 Fasli ("the Telangana Act" ). ( 8 ) ALL powers not inconsistent with the provisions of the Andhra Act, which up to the passing of the said Act belonged by law to the existing police authorities shall be vested in the police authorities under the andhra Act. That is the purport of Section 6 of the said Act. Further, Section 21 thereof lays down the duties of police officers, which read as under:"21. Duties of Police officers: Every police Officer shall, for all purposes in this Act contained, be considered to be always on duty and shall have the powers of a Police officer in every part of the General Police District. It shall be his duty to use his best endeavours and ability to prevent all crimes, offences and public nuisances, to preserve the peace; to apprehend disorderly and suspicious characters; to detect and bring offenders to justice; to collect and communicate intelligence affecting the public peace; and promptly to obey and execute all orders and warrants lawfully issued to him. " ( 9 ) SIMILAR provisions were made in the telangana Act also by reason of Section 19 of the said Act. But, Section 16 of the Telangana act postulates that police officers enrolled under the Telangana Act shall not have any other power except powers conferred by the telangana Act or the Code of Criminal procedure, 1898. ( 10 ) HYDERABAD City Police Act is a consolidating law relating to Hyderabad city made with an objective of providing effective means for prevention and detection of crimes, maintenance of peace and investigation into crimes. Section 29 enumerates the duties of police officers. ( 10 ) HYDERABAD City Police Act is a consolidating law relating to Hyderabad city made with an objective of providing effective means for prevention and detection of crimes, maintenance of peace and investigation into crimes. Section 29 enumerates the duties of police officers. Clause (b) of Section 29 requires every police officer to obtain intelligence concerning the commission of cognizable offences or design to commit such offences and bring such information to the notice of superior officers and to take such action consistent with law and with orders of his superior. This provision is in pari materia with Section 151 cr. P. C. It is not necessary to refer to various other duties under the Hyderabad Act, but it is suffice to notice that all the duties are meant to maintain peace and public order and prevent commission of offences. ( 11 ) THE Code of Conduct for the Police in india, communicated by the Union of India to all the Chief Secretaries of all States/ union Territories and Heads of C. P. Os. , states as under:code of Conduct for the Police in india (1) The Police must bear faithful allegiance to the Constitution of india and respect and uphold the rights of the citizens as guaranteed by it. (2) The Police should not question the propriety or necessity of any law duly enacted. They should enforce the law firmly and impartially, without fear or favour, malice or vindictiveness. (3) The Police should recognize and respect the limitations of their powers and functions. They should not usurp or even seem, to usurp the functions of the judiciary and sit in judgment on cases io avenge individuals and punish the guilty. (4) In securing the observance of law or in maintaining order, the Police should as far as practicable, use the methods of persuasion, advice and warning. When the application of force becomes inevitable, only the irreducible minimum of force required in the circumstances should be used. (5) The prime duty of the Police is to prevent crime and disorder and the police must recognize that the test of their efficiency is the absence of both and not the visible evidence of police action in dealing with them. (5) The prime duty of the Police is to prevent crime and disorder and the police must recognize that the test of their efficiency is the absence of both and not the visible evidence of police action in dealing with them. (6) The Police must recognize that they are members of the public, with the only difference that in the interest of the society and on its behalf they are employed to give full time attention to duties which are normally incumbent on every citizen to perform. (7) The Police should realize that the efficient performance of their duties will be dependent on the extent of ready co-operation that they receive from the public. This, in turn, will depend on their ability to secure public approval of their conduct and actions and to earn and retain public respect and confidence. (8) The Police should always keep the welfare of the people in mind and be sympathetic and considerate towards them. They should always be ready to offer individual service and friendship and render necessary assistance to all without regard to their wealth or social standing. (9) The Police should always place duty before self, should remain clam in the face of danger, scorn or ridicule and should be ready to sacrifice their lives in protecting those of others. (10) The Police should always be courteous and well-mannered; they should be dependable and impartial; they should possess dignity and courage; and should cultivate character and the trust of the people. (11) Integrity of the highest order is the fundamental basis of the prestige of the Police. Recognizing this, the police must keep their private lives scrupulously clean, develop self-restraint and be truthful and honest in thought and deed, in both personal and official life, so that the public may regard them as exemplary citizen. (12) The Police should recognize that their full utility to the State is the best ensured only by maintaining a high standard of discipline, faithful performance of duties in accordance with law and implicit obedience to the lawful directions of commanding ranks and absolute loyalty to the force and by keeping themselves in a state of constant training and preparedness. (12) The Police should recognize that their full utility to the State is the best ensured only by maintaining a high standard of discipline, faithful performance of duties in accordance with law and implicit obedience to the lawful directions of commanding ranks and absolute loyalty to the force and by keeping themselves in a state of constant training and preparedness. (13) As members of a secular, democratic State, the Police should strive continually to rise above personal prejudices and promote harmony and the spirit of common brotherhood amongst all the people in India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women and disadvantage segments of the society. (emphasis supplied) ( 12 ) THEREFORE, in cases of this nature, the submission of the learned Government pleader for Home that when there is an effective alternative remedy by way of filing private complaint before a criminal Court under Sections 199 and 200 of the Code, a petition under Article 226 of the constitution of India cannot be entertained, cannot be countenanced. ( 13 ) WHATEVER be the disputes between the petitioner on the one hand and respondents 7 to 9 on the other, the fact remains that the petitioner has approached the District collector as well as the Superintendent of police on 15-1-2002 complaining that the unofficial respondents 7 to 9 are harassing her and her family members, and when she did not receive any response from them she approached the 5th respondent-Station house Officer, Rajendranagar, and lodged two complaints on 24-2-2002 and 27-2-2002, specifically stating that the 7th respondent and his wife abused her and her family members and threatened to kill them. When the Station House Officer, Rajendranagar, failed to register the said complaint, as required under Section 154 (1) of the Code, the petitioner filed the present writ petition. ( 14 ) ADMITTEDLY, after refusal by the 5th respondent-Station House Officer, rajendranagar, to register the complaints dated 24-2-2002 and 27-2-2002, the petitioner has not approached the 3rd respondent-Superintendent of Police, as required under section 154 (3) of the Code, and therefore, a direction to the 5th respondent to register the complaints lodged by the petitioner cannot be given at this stage. ( 15 ) IN view of the above, this writ petition is disposed of directing the petitioner to approach the 3rd respondent within a period of one week, with copies of the complaints given to the 5th respondent, and on receipt of such complaints, the 3rd respondent shall consider the same keeping in view the observations made above, and after satisfying himself, shall investigate the complaints by himself or direct investigation thereof by any officer, subordinate to him. If the 3rd respondent is satisfied that no cognizable offence has been committed, he may inform the petitioner accordingly. No costs.