Gujarat High Court
Babuben Wd/O Mohanbhai Narsangbhai ... vs State Of Gujarat & 2 on 11 November, 2014
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/4361/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 4361 of 2014
================================================================
BABUBEN WD/O MOHANBHAI NARSANGBHAI NADODA....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
================================================================
Appearance:
MR MAHENDRA K PATEL, ADVOCATE for the Applicant(s) No. 1
MR PARAG M KULKARNI, ADVOCATE for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 1
================================================================
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 11/11/2014
ORAL ORDER
1. By this writ application under Article 226 of the Constitution of India, the petitioner, a lady residing at the village Biliya, Taluka Shankeshwar, District Patan 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 1st September 2014, addressed to the Police Inspector, Shankheshwar Police Station and the District Superintendent of Police, Patan.
2. Taking into consideration averments made in the complaint, and the fact that the lady is a widow, the Police Inspector, Shankheshwar Police Station, Page 1 of 2 R/SCR.A/4361/2014 ORDER District Patan is hereby directed to take into consideration the complaint (Annexure 'A') and decide whether the same discloses commission of any cognizable offence or not. After consideration of same, if the Police Inspector is of the view that the complaint discloses commission of cognizable offence, he shall proceed to register the First Information Report forthwith. However, for any reason, if the Police Inspector is of the view that the complaint and the other materials on record fails to disclose commission of any cognizable offence, then he shall inform the petitioner in writing about the same by assigning reason in brief within a period of fortnight from today. In the event, the First Information Report is not registered on the ground that the same fails to disclose commission of any cognizable offence, then it shall be open for the petitioner to avail of the remedy under Sections 200 and 204 of the Criminal Procedure Code.
3. With the above observations and directions, this application is disposed of.
(J.B.PARDIWALA, J.) Manoj Page 2 of 2