Gujarat High Court
Gautambhai Gordhanbhai Solanki vs State Of Gujarat on 8 September, 2025
NEUTRAL CITATION
R/SCR.A/12178/2025 ORDER DATED: 08/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
FIR/COMPLAINT) NO. 12178 of 2025
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GAUTAMBHAI GORDHANBHAI SOLANKI & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. NILAY A THAKER(7275) for the Applicant(s) No. 1,2,3
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 08/09/2025
ORAL ORDER
1) By way of the present petition, the petitioners pray for following main relief:-
"(A) Your Lordships may be pleased to pass approprite orders, writ or direction to the respondents to comply with the statutory/mandatory provisions of BNSS and be further pleased to direct Respondent No. 2 to register FIR on basis of written complaint dated 12/12/2024 at Annexures-"A"
preferred by the petitioner and further be directed to act in accordance with law in a fair and impartial manner."
2) Perusing the record reveals that the alleged incident took place in connection of death of one Hathibhai Dhanabhai on 15.02.1980 and entry was mutated on 01.03.1983 and thereafter Sale Deed was executed in the year 1993 in this regard the petitioners intending to register the complaint. Even if the petitioner is having any grievance qua commission of cognizable offence then also without resorting to appropriate remedy provided under BNSS, he has straightway approached this Court.
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NEUTRAL CITATION R/SCR.A/12178/2025 ORDER DATED: 08/09/2025 undefined
3) Therefore, in view of 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 as well as Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage & Ors. reported in (2016)6 SCC 277, 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.
4) With these observations, no case is made out to pass any direction under Article 226 of the Constituion of India and accordingly present petition is dismissed. However, the petitioner is at liberty to file appropriate proceeding before the appropriate forum. This Court has not gone into the merits of the case.
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