Abdul Majeed Abdul Lateef Memon vs State Of Gujarat & on 8 August, 2017

[Cites 1, Cited by 0]

Gujarat High Court

Abdul Majeed Abdul Lateef Memon vs State Of Gujarat & on 8 August, 2017

Bench: A.J.Desai

                 R/SCR.A/5767/2017                                              ORDER



              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              SPECIAL CRIMINAL APPLICATION NO. 5767 of 2017
                  (DIRECTION - TO LODGE FIR/COMPLAINT)
         =============================================
              ABDUL MAJEED ABDUL LATEEF MEMON....Applicant(s)
                                 Versus
                   STATE OF GUJARAT & 1....Respondent(s)
         =============================================
         Appearance:
         MRS MUMTAZ SAIYED, ADVOCATE for the Applicant(s) No. 1
         MR MITESH AMIN, PUBLIC PROSECUTOR for the Respondent(s) No. 1
         =============================================

         CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                                     Date : 08/08/2017
                                       ORAL ORDER

1. Rule. Learned Public Prosecutor waives service of Rule on behalf of the respondents.

2. By way of this petition under Article 226 of the Constitution of India, the petitioner has a grievance to redress as regards to the inaction on the part of the police authorities in not registering the FIR pursuant to the application dated 20.07.2017 given by the petitioner in writing to the Police authority.

3. The Police Inspector, Umargam Police Station, District Valsad shall look into the application dated 03.07.2017 submitted by the petitioner and take a decision whether the same discloses commission of any 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 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. Page 1 of 2 HC-NIC Page 1 of 2 Created On Mon Aug 21 11:05:03 IST 2017 R/SCR.A/5767/2017 ORDER

4. After perusal of the complaint and inquiry, if any, the Police Inspector 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 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.

5. I hereby clarify that I have otherwise not gone into the merits of the matter.

6. Rule made absolute accordingly. Direct service is permitted.

(A.J.DESAI, J.) *Kazi...

Page 2 of 2

HC-NIC Page 2 of 2 Created On Mon Aug 21 11:05:03 IST 2017

Unlock Advanced Research with PRISMAI

Gujarat High Court