Gujarat High Court
Jagdishkumar Sakalchand Kadia vs State Of Gujarat & 2 on 13 July, 2017
Author: A.J.Desai
Bench: A.J.Desai
R/SCR.A/4284/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION - AFTER
LODGE FIR/COMPLAINT) NO. 4284 of 2017
=============================================
JAGDISHKUMAR SAKALCHAND KADIA....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
=============================================
Appearance:
MR. RAHUL K RAJPUT, ADVOCATE for the Applicant(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 1
=============================================
CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 13/07/2017
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent - State.
2. 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 Assistant Commissioner of Police, Crime Branch, Ahmedabad, on 02.04.2017.
3. The Assistant Commissioner of Police, Crime Branch, Ahmedabad, shall look into the application dated 02.04.2017 submitted by the petitioner 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 Assistant Commissioner of Police, Crime Branch, Ahmedabad is of the view that the same discloses commission of a cognizable offence, then, in such circumstances, the First Page 1 of 2 HC-NIC Page 1 of 2 Created On Sun Aug 20 18:01:03 IST 2017 R/SCR.A/4284/2017 ORDER Information Report be registered forthwith. However, if the Assistant Commissioner of Police, Crime Branch, Ahmedabad is of the view that no case is made out for the registration of the FIR, then, in such circumstances, the petitioner be informed in writing about the same by giving reasons in brief within a period of fortnight from today.
4. I hereby clarify that I have otherwise not gone into the merits of the matter.
5. Rule made absolute accordingly. Direct service is permitted.
(A.J.DESAI, J.) *Kazi...
Page 2 of 2HC-NIC Page 2 of 2 Created On Sun Aug 20 18:01:03 IST 2017