Gujarat High Court
Bardoli Shrirang Exhibitors Pvt.Ltd ... vs State Of Gujarat & 3 on 1 September, 2017
Author: A.J.Desai
Bench: A.J.Desai
R/SCR.A/6598/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
FIR/COMPLAINT) NO.6598 of 2017
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BARDOLI SHRIRANG EXHIBITORS PVT.LTD THROUGH RAMESH
PARBHUBHAI PATEL....Applicant
Versus
STATE OF GUJARAT & 3....Respondents
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Appearance :
MR AMIT N CHAUDHARY, ADVOCATE for the Applicant.
MR RAKESH PATEL, APP for the Respondent No.1.
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CORAM : HONOURABLE MR.JUSTICE A.J.DESAI
Date : 01/09/2017
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent No.1 - State.
2. 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 him in writing dated 16.8.2017 addressed to the Police Inspector, Navsari Town Police Station, Navsari.
3. The Police Inspector, Navsari Town Police Station, Navsari 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. Police authority shall follow the directions issued by Hon'ble Apex Court in the case of Lalita Kumari V/s. Government of Uttar Pradesh Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Sep 02 05:37:18 IST 2017 R/SCR.A/6598/2017 ORDER and others reported in (2014) 2 SCC 1 as well as in the case of State of Telangana V/s. Habib Abdullah Jeelani and others reported in (2017) 2 SCC 779. 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, preferably within a period of four weeks from today.
4. 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.
5. 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.
(A.J.DESAI, J.) Savariya Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Sep 02 05:37:18 IST 2017