Dineshchandra Ramanlal Swaminarayan vs State Of Gujarat & 2 on 2 February, 2016

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Gujarat High Court

Dineshchandra Ramanlal Swaminarayan vs State Of Gujarat & 2 on 2 February, 2016

Bench: J.B.Pardiwala

                   R/SCR.A/680/2016                                                ORDER




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
                                FIR/COMPLAINT) NO. 680 of 2016

         ==========================================================
                DINESHCHANDRA RAMANLAL SWAMINARAYAN....Applicant(s)
                                     Versus
                       STATE OF GUJARAT & 2....Respondent(s)
         ==========================================================
         Appearance:
         MR SWAPNIL H CHAUHAN, ADVOCATE for the Applicant(s) No. 1
         MR JK SHAH, ADD. PUBLIC PROSECUTOR for the Respondent(s) No. 1
         ==========================================================

                  CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
          
                                      Date : 02/02/2016 
                                        ORAL ORDER

1. By this 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 authorities in not registering the FIR pursuant to the complaint lodged by the petitioner in writing to the Police Inspector, Sola Police Station, Ahmedabad, dated 20.01.2016.

2. The Police Inspector, Sola Police Station, Ahmedabad, shall look into the complaint at Annexure'B', Page9, to the petition and take a decision whether the same discloses commission of any cognizable offence or not. After perusal of the complaint and inquiry, if any, the Police Inspector, Sola Police Station, Ahmedabad, is of the view that the same discloses commission of a cognizable offence, then, in such circumstances, the First Information Report be registered forthwith. However, if the Police Inspector, Sola Police Station, Ahmedabad, is of the view that no case is made out for the registration of the FIR, then, in Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Feb 05 01:38:12 IST 2016 R/SCR.A/680/2016 ORDER such circumstances, the petitioner be informed in writing about the same by giving reasons in brief within a period of fortnight from today.

3. With the above direction, this application is disposed of. I clarify that I have otherwise not gone into the merit of the matter. Direct service is permitted.

(J.B.PARDIWALA, J.) aruna Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Feb 05 01:38:12 IST 2016

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