Gujarat High Court
Saiyed Akhlak Ahmed Nizam Ali Bukhari vs State Of Gujarat & 2 on 5 February, 2018
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/707/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
FIR/COMPLAINT) NO. 707 of 2018
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SAIYED AKHLAK AHMED NIZAM ALI BUKHARI....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
M S ANSARI, ADVOCATE for the Applicant(s) No. 1
MS MOXA THAKKAR, APP for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 05/02/2018
ORAL ORDER
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 9th January 2018 addressed to the Police Inspector, Isanpur Police Station, Ahmedabad, for the offence punishable under Sections 294B, 506(2), 427, 440, 441, 442 and 499 of the Indian Penal Code.
The Police Inspector, Isanpur Police Station, Ahmedabad, 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. After Page 1 of 2 HC-NIC Page 1 of 2 Created On Mon Feb 05 23:16:19 IST 2018 R/SCR.A/707/2018 ORDER 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.
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.
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.) /MOINUDDIN Page 2 of 2 HC-NIC Page 2 of 2 Created On Mon Feb 05 23:16:19 IST 2018