Shobhanaben Rajendrabhai Patel vs State Of Gujarat on 3 May, 2018

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Gujarat High Court

Shobhanaben Rajendrabhai Patel vs State Of Gujarat on 3 May, 2018

Bench: J.B.Pardiwala

       R/SCR.A/3629/2018                                         ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION NO. 3629 of 2018

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                   SHOBHANABEN RAJENDRABHAI PATEL
                               Versus
                          STATE OF GUJARAT
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Appearance:
MANISH S SHARMA(8998) for the PETITIONER(s) No. 1
MAYANK R CHAVDA(9250) for the PETITIONER(s) No. 1
PUNITA H JOSHI(8419) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 2,3
MR RAKESH PATEL, APP (2) for the RESPONDENT(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

                                Date : 03/05/2018

                                 ORAL ORDER

1. By this writ-application under Article 226 of the Constitution of India, the applicant 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 her in writing dated 31.03.2018 addressed to the Police Inspector, Vatva G.I.D.C. Police Station, District: Ahmedabad for the offences punishable under Section 406, 420, 467, 468, 471, 386 read with Section 381 of the Indian Penal Code.

2. The Police Inspector, Vatva G.I.D.C. Police Station, District: Ahmedabad is directed to take into consideration the Page 1 of 2 R/SCR.A/3629/2018 ORDER 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 consideration the complaint and other materials, if any, the Police Inspector 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 Inspector, 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.

3. 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.

4. For any reason, 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) MAYA Page 2 of 2

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