Gujarat High Court
Ambaben Wd/O Ramchandra Ranchodbhai ... vs State Of Gujarat & 2 on 17 March, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/1411/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
FIR/COMPLAINT) NO. 1411 of 2015
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AMBABEN WD/O RAMCHANDRA RANCHODBHAI BAROT....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MS. SHIVANGI M RANA, ADVOCATE for the Applicant(s) No. 1
MR NJ SHAH, APP for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 17/03/2015
ORAL ORDER
By this writ-application under Article 226 of the Constitution of India, the petitioner has a grievance to redress as regards the inaction on the part of the police authority in not registering the First Information Report pursuant to the complaint lodged by him in writing dated 5th June 2013 addressed to the Police Commissioner, Vadodara, for the offence punishable under Sections 420, 467, 468, 471, 472, 120B read with Section 114 of the Indian Penal Code.
The Police Commissioner, Vadodara, is directed to take into consideration the complaint filed by the petitioner in writing (Annexure-A to this petition) and after going through the same, take a decision, whether the same discloses commission of a cognizable offence or not. After taking into Page 1 of 2 R/SCR.A/1411/2015 ORDER consideration the complaint and other materials, if any, the Police Commissioner is of the view that the same discloses commission of a cognizable offence, then appropriate directions be issued for registration of the FIR forthwith at the concerned Police Station. However, the Police Commissioner, after going through the materials, is of the view that no case is made out for registration of the FIR, then in such circumstances, he shall inform the petitioner in writing about the same by assigning reasons in brief, within a period of four weeks from today.
With the above observations and directions, this petition is disposed of. I clarify that I have otherwise not gone into the merits of the matter.
For any reasons, if the police authorities refuse to register the FIR, it shall be open for the petitioner to avail of the remedy under Section 200 of the Code of Criminal Procedure.
Direct service is permitted.
(J.B.PARDIWALA, J.) MOIN Page 2 of 2