Gujarat High Court
Jyoti Pankajbhai Panchal vs State Of Gujarat on 17 July, 2025
NEUTRAL CITATION
R/SCR.A/9648/2025 ORDER DATED: 17/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
FIR/COMPLAINT) NO. 9648 of 2025
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JYOTI PANKAJBHAI PANCHAL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MANMEETSINGH P CHHABRA(9140) for the Applicant(s) No. 1
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 17/07/2025
ORAL ORDER
1) By way of this petition under Articles 226 read with Section 528 of the BNSS, the petitioner has prayed for the following prayers :-
"7.2 Kindly direct the respondent No.8 (Police Commissioner - Ahmedabad) and respondent No.7 Additional Commissioner of Police (Sector - 2) to submit the reports of action taken on the complaint dated 28.05.2025 (Annexure-K) and (Annexure-K-1) filed by the victim / petitioner against the police officers (Respondent Nos.2 to 5);
7.3 Kindly, the suo motu action be taken on the respondent Nos.2 to 5 along with respondent no.6 as the said respondents had in connivance with each other had deliberately disobeyed the directions under law though being police officers they are duty bound to protect the law and to obey the orders / directions passed by the Hon'ble Court as guided in the judgment passed by The Hon'ble Supreme Court in Lalita Kumari Vs. Govt. of Uttar Pradesh & Ors. and in "State of Karnataka by Nonavinakere Police Vs. Shivanna @ Tarkari Shivanna.
7.4 Kindly issue a writ of mandamus and/or any other appropriate writ, orders or direction to the Crime Branch - Ahmedabad or any other appropriate investigating agency to register the complaint Page 1 of 5 Uploaded by SUCHITKUMAR PATEL(HC01083) on Fri Jul 18 2025 Downloaded on : Sat Jul 19 00:00:22 IST 2025 NEUTRAL CITATION R/SCR.A/9648/2025 ORDER DATED: 17/07/2025 undefined dated 02.04.2025 (Annexure-B) filed by the (victim / petitioner) against the Stated accused persons and kindly pass necessary orders into the sadi investigating agency to act as per the directions passed by the Hon'ble Supreme Court in "Lalita Kumari Vs. Govt. of U.P & Ors."
7.5 Kindly issue direction to the respondent no.2 to 8, to ensure the security to the life of the petitioner and her family from the accused persons in appropriate manner."
2) Heard Mr. Manmeetsingh P. Chhabra, learned counsel for the petitioner and Mr. Manan Mehta, ld. APP for the respondent State at length.
3) It is submitted by learned counsel for the petitioner that, complaint under Section 173 of BNSS was sent to Naroda Police Station, Ahmedabad through e-mail to respondent Nos.2 and 3 to register the FIR for the offence of rape and extortion against the accused persons. Thereafter, written complaint was also filed under Sections 64, 76, 308(2), 115(2), 241 and 54 of BNS and Sections 65, 66(e) and 67(a) of the Information Technology Act to Naroda Police Station on 02.04.2025. Copy of the same was also forwarded to DCP, Zone-4 and Commissioner of Police, Ahmedabad city. However, the police inspector of Naroda Police Station had not acted as per the settled law and not followed the procedure under Section 173 of the Code. Neither the complainant was called for recording the statement, nor registered her complaint. Thus, the petitioner has filed a private complaint under Section 199 of BNSS before the Court of learned Chief Judicial Magistrate, Ahmedabad, which has been registered as Criminal Inquiry Case No.6404/2025 against the Police Inspector of Naroda Police Station.
4) It is further case of the petitioner that, police is not registering the complaint as stated by her and compelled/forced her to modify the complaint and to delete some allegation qua extortion portion from the complaint. It is further submitted that, as per the written complaint Page 2 of 5 Uploaded by SUCHITKUMAR PATEL(HC01083) on Fri Jul 18 2025 Downloaded on : Sat Jul 19 00:00:22 IST 2025 NEUTRAL CITATION R/SCR.A/9648/2025 ORDER DATED: 17/07/2025 undefined submitted by the complainant, the police was not ready to take the complaint as per the version/facts narrated by the complainant and forced complainant to change her complaint. Mr. Chhabra has also relied on the order dated 13.04.2017 passed by a coordinate Bench of this Court in SCR.A No.2441/2017 and submitted that, the police is duty bound to register the complaint as per the version of the complainant. Though the complainant had approached police commissioner and made a complaint against the Police Inspector of Naroda Police Station and other officials, but the police is not obeying their liability, nor her statement is being recorded in the cognizable offence till date. On the contrary, Police Inspector had called the accused pesons at the police station and tried to settle the dispute in the cognizable offence.
5) Per contra, learned APP appearing for the respondent - State has opposed the present petition and contended that, false allegations are levelled against the police officials. Even the police has thrice called the petitioner to register the complaint, but she insisted to register the complaint as stated by her advocate and in presence of her advocate, she wants to register the complaint. Even before the ld. Magistrate, the police has stated that they are ready to lodge the complaint, but she did not turn up and made false allegations against the police. Therefore, the petitioner is riding on two horses at a time. In peculiar facts of the case, no case is made out to issue any direction as alternative remedy is available to the petitioner. Hence, present petition does not deserve any consideration.
6) Having regard to the submissions canvassed by both the sides and perusing the record, it appears that written complaint is submitted to Naroda Police Station and as nothing has been done, the petitioner approached Magistrate Court by preferring a private complaint under Section 199 of the BNSS, which has been registered as Criminal Inquiry Case Page 3 of 5 Uploaded by SUCHITKUMAR PATEL(HC01083) on Fri Jul 18 2025 Downloaded on : Sat Jul 19 00:00:22 IST 2025 NEUTRAL CITATION R/SCR.A/9648/2025 ORDER DATED: 17/07/2025 undefined No.6404/2025. Main grievance of the petitioner is that, though cognizable offence of rape is made out, the police is not registering her complaint as per her version, which is nothing but a dereliction on the part of the police Agency. Further, perusing the entry made in the Station Diary as well as papers annexed with the petition, it appears that the police has recorded the statement and is ready to lodge the complaint of rape. Only dispute raised by the petitioner is that, police is not going to register her complaint as per her version as there was extortion of money by the accused from her husband. It is needless to say that in the case of cognizable offence, police is duty bound to register the complaint as per the law laid down in the case of Lalita Kumari Vs. Govt. of Uttar Pradesh, reported in 2014 (2) SCC 1 and in case of failure, consequences are also provided therein. The petitioner has approached the Magistrate Court and ld. Magistrate has already ceased with the matter. Thereafter, the petitioner appeared before the police, but once again, she has raised grievance against the police and stated that, police is not going to register the complaint as per her statement. It is always open for the petitioner to make such submissions before the Magistrate Court as the Magistrate has already ceased with the complaint of the petitioner. Even otherwise, if the police fails to register the FIR or refuse to lodge the complaint, remedy is available with the petitioner under Section 175(3) of BNSS before the competent Magistrate court in view of law laid down in cases of M. Subramaniam vs. S. Janki (three Judge bench) reported in (2020)16 SCC 728 and Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage & Ors. reported in (2016)6 SCC 277.
7) In view of the above, as the petitioner has already approached the Magistrate Court and alternative remedy is available as observed herein above, it is not expedient to pass any order or direction in exercise of powers under Article 226 of the Constitution of India. Hence, no case is made out to issue any direction to the police authority and therefore, Page 4 of 5 Uploaded by SUCHITKUMAR PATEL(HC01083) on Fri Jul 18 2025 Downloaded on : Sat Jul 19 00:00:22 IST 2025 NEUTRAL CITATION R/SCR.A/9648/2025 ORDER DATED: 17/07/2025 undefined petition is dismissed. However, it is kept open for the petitioner to raise her grievance before the Magistrate Court in pending Criminal Inquiry Case No.6404/2025, or to file appropriate written complaint before appropriate forum under Section 175 (3) of BNSS.
(HASMUKH D. SUTHAR,J) SUCHIT Page 5 of 5 Uploaded by SUCHITKUMAR PATEL(HC01083) on Fri Jul 18 2025 Downloaded on : Sat Jul 19 00:00:22 IST 2025