Gujarat High Court
Satishkumar Nyalchand Shah vs State Of Gujarat & 2 on 13 August, 2015
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
R/SCR.A/4826/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
FIR/COMPLAINT) NO. 4826 of 2015
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SATISHKUMAR NYALCHAND SHAH....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR PARTHIV B SHAH, ADVOCATE for the Applicant(s) No. 1
MS. CHETNA M SHAH, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA
KUMARI
Date : 13/08/2015
ORAL ORDER
1 This petition under Article 226 of the Constitution of India, has been preferred with the following prayers:
"(A) YOUR LORDSHIPS be pleased to admit and allow this petition, in the interest of justice; (B) YOUR LORDSHIPS be pleased to issue appropriate writ, order or direction, directing the respondent no.3 to forthwith register the FIR for cognizable offences in pursuance to written complaint dated 4.8.2015 given by the petitioner and thereafter, take appropriate steps in accordance with law, in the interest of Page 1 of 4 HC-NIC Page 1 of 4 Created On Sat Aug 15 01:44:14 IST 2015 R/SCR.A/4826/2015 ORDER justice;
(C) YOUR LORDSHIPS be pleased to direct the respondent nos.3 to produce Action Taken Report before this Hon'ble Court in pursuance to written complaint dated 4.08.2015 given by the petitioner to respondent nos. 3 and 2, pending the admission, hearing and final disposal of this petition;
(D) YOUR LORDSHIPS be pleased to grant such other and further relieves as may be deemed fit and proper by this Hon'ble Court in the interest of justice;"
2 The grievance of the petitioner is that respondent No.3, Police Inspector, Satellite Police Station, Ahmedabad, has not taken any note of, nor registered a First Information Report on the basis of the complaint dated 04.08.2015, submitted by the petitioner to him.
3 Mr. Parthiv B Shah, learned advocate for the petitioner, submits that the complaint discloses the commission of cognizable offences, therefore, respondent No.3, ought to have registered a First Information Report on the basis of the said complaint, in view of the principles of law laid down by the Supreme Court in the Case of Lalita Kumari Vs. Govt Page 2 of 4 HC-NIC Page 2 of 4 Created On Sat Aug 15 01:44:14 IST 2015 R/SCR.A/4826/2015 ORDER of Uttar Pradesh & Ors. reported in (2014) 2 SCC 1. 4 Having heard Mr.Parthiv B Shah, learned advocate for the petitioner and Ms. Chetna M Shah, learned Additional Public Prosecutor for the respondents, in the view of this Court, the grievance of the petitioner can be redressed by passing the following order:
Respondent No.3, that is, Police Inspector, Satellite Police Station, Ahmedabad, shall look into the complaint lodged by the petitioner on 04.08.2015.
After going through the same, respondent No.3, shall take a decision whether it discloses the commission of any cognizable offence or not. If it is found, on the basis of the complaint or any other material, that the commission of cognizable offences is disclosed, respondent No.3 shall proceed to register the First Information Report, forthwith. However, if, for any reason, respondent No.3 is of the opinion that the complaint fails to disclose the commission of any cognizable offences, under such circumstances, respondent No.3 shall inform the petitioner in writing by assigning brief reasons, within a period of four weeks from the date of the receipt of a copy of this Page 3 of 4 HC-NIC Page 3 of 4 Created On Sat Aug 15 01:44:14 IST 2015 R/SCR.A/4826/2015 ORDER order.
It is, however, clarified that if, ultimately, respondent No.3 decides not to register the First Information Report, it shall be open to the petitioner to avail of any other legal remedy available to him.
5 The petition is disposed of, in the above terms, without entering into the merits of the case.
Direct Service of this order is permitted.
(SMT. ABHILASHA KUMARI, J.) Bimal Page 4 of 4 HC-NIC Page 4 of 4 Created On Sat Aug 15 01:44:14 IST 2015