Gujarat High Court
The Nasik Marchants Co Operative Bank ... vs State Of Gujarat & 2 on 29 March, 2017
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/2278/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
FIR/COMPLAINT) NO. 2278 of 2017
==========================================================
THE NASIK MARCHANTS CO OPERATIVE BANK LTD THROUGH ASHOK
BHIMRAJ TEJALE....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
==========================================================
Appearance:
MR AJAY S JAGIRDAR, ADVOCATE for the Applicant(s) No. 1
MS,. PATHAK, ADDL. PUBLIC PROSECUTOR for the RESPONDENT(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 29/03/2017
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 complaints lodged by him in writing dated 3rd September 2016 addressed to the Police Commissioner, Surat for the offence punishable under the provisions of the Indian Penal Code.
2. The Police Inspector, Khatodara Police Station, Surat, is directed to take into consideration the complaints filed by the petitioner in writing (Annexure-A to this petition) and after going through the same, take a decision, whether the same disclose commission of a cognizable offence or not. After taking into consideration the complaints and other materials, if Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu Mar 30 01:15:33 IST 2017 R/SCR.A/2278/2017 ORDER any, the Police Inspector is of the view that the same disclose 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.
Direct service is permitted.
(J.B.PARDIWALA, J.) Vahid Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Mar 30 01:15:33 IST 2017