Gujarat High Court
The Parth Township Co-Operative ... vs State Of Gujarat on 11 August, 2025
NEUTRAL CITATION
R/SCR.A/3164/2025 ORDER DATED: 11/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
FIR/COMPLAINT) NO. 3164 of 2025
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THE PARTH TOWNSHIP CO-OPERATIVE HOUSING SERVICE SOCIETY
LIMITED THROUGH KRISHNANKUTTY NAIR
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR JAYPRAKASH UMOT(3581) for the Applicant(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 11/08/2025
ORAL ORDER
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent - State of Gujarat.
[1.0] By way of the present petition, the petitioner prays for appropriate direction, directing the respondents to register the FIR pursuant to the written complaint dated 23.12.2024.
[2.0] Learned advocate for the petitioner has submitted that the police is pressurizing the petitioner to settle a dispute and filed an additional affidavit in this regard and levelled allegations against the police officials.
[3.0] From the record, it appears that the police has inquired into the matter and informed the outcome to the petitioner that two civil suits are pending and dispute is civil in nature. Thereafter, chapter case was filed and proceedings under Section 126 of the Code came to be initiated. Grievance of the petitioner is against the police officials but no such prayer is sought for in the petition and only prayed to direct the respondent to lodge the FIR. Hence, question does not arise to pass any direction beyond the prayer.
Page 1 of 3 Uploaded by SUCHITKUMAR PATEL(HC01083) on Tue Aug 12 2025 Downloaded on : Tue Aug 12 22:09:29 IST 2025 NEUTRAL CITATION R/SCR.A/3164/2025 ORDER DATED: 11/08/2025 undefined [4.0] At this stage, it would be apposite to consider the observations made
by the Apex Court in the case of M. Subramaniam vs. S. Janki reported in (2020)16 SCC 728, and the case of XYZ vs. State of Madhya Pradesh reported in (2023)9 SCC 705 .
[5.0] While referring to the judgment of Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage & Ors. reported in (2016)6 SCC 277 and M. Subramaniam vs. S. Janki reported in (2020)16 SCC 728, it is observed that if the High Courts entertain such writ petitions seeking registration of FIR, then they will be flooded with such writ petitions and will not be able to do any other work, except dealing with them. It is specifically held that the complainant must avail of his alternate remedy to approach the Magistrate concerned under section 175(3) of the BNSS [section 156(3) of CrPC] and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the FIR and also ensure a proper investigation in the matter. While approving the aforenoted view, the Supreme Court has set aside the direction of the High Court for registration of the FIR and has directed the respondent thereto to approach the court of Magistrate if deem appropriate and necessary. Thus, the law on the registration of FIR is well settled and has been reiterated in the recent judgment of the Supreme Court as noted herein above.
[6.0] In the present case, the petitioner has not approached the concerned Magistrate and has directly approached this Court for the aforesaid prayer.
[7.0] Under the circumstances and in light of the observations made by the Apex Court, the writ petition is rejected since the petitioner has the remedy to approach the concerned Magistrate under section 175(3) of the BNSS [section 156(3) of CrPC].
[8.0] It is noticed by this Court that various petitions seeking registration of FIR are being filed before this Court directly without approaching the concerned Magistrate under Section 175(3) of the BNSS [section 156(3) of Page 2 of 3 Uploaded by SUCHITKUMAR PATEL(HC01083) on Tue Aug 12 2025 Downloaded on : Tue Aug 12 22:09:29 IST 2025 NEUTRAL CITATION R/SCR.A/3164/2025 ORDER DATED: 11/08/2025 undefined CrPC]. Such applications which are directly filed are in direct conflict with the observations of the Apex Court. The Apex Court has expressed its concern with regard to filing of such applications/petitions directly before the High Court since filing of such petitions/applications are an unnecessary burden. If the petitioner is dissatisfied with any outcome, then he is at liberty to file appropriate proceedings before appropriate forum.
[9.0] With these observations, present petition is disposed of. It is hereby made clear that this Court has not examined the merits of the case. Rule is hereby discharged.
(HASMUKH D. SUTHAR,J) SUCHIT Page 3 of 3 Uploaded by SUCHITKUMAR PATEL(HC01083) on Tue Aug 12 2025 Downloaded on : Tue Aug 12 22:09:29 IST 2025