Gujarat High Court
Sureshbhai Prabhudas Patel vs State Of Gujarat on 23 September, 2025
NEUTRAL CITATION
R/SCR.A/8221/2025 ORDER DATED: 23/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT)
NO. 8221 of 2025
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SURESHBHAI PRABHUDAS PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KAMLESH S KOTAI(6150) 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 : 23/09/2025
ORAL ORDER
1. When the matter is called out, learned APP has produced a report prepared Mr. R.R. Desai, Police Inspector, Prantij Police Station, Sabarkantha. The is taken on record.
2 By way of present petition, the petitioner prays for direction directing the Respondent authorities to lodge the FIR pursuant to the written complaint at (Annexure-A).
3. It appears that the complaint has been filed through a power of attorney holder, as the applicant is residing in the USA and the respondent is also residing abroad. Though the applicant was given ample opportunity to record his statement, he never turned up or appeared before the police authority. Hence, an email was also sent to the applicant informing him about his non-cooperation, and an entry to that effect was made in the station diary.
4. In view of the above, and considering the fact that after approaching the police authority, the applicant did not show any Page 1 of 2 Uploaded by ALI ISTAYAK(HC01093) on Tue Sep 23 2025 Downloaded on : Wed Sep 24 00:43:32 IST 2025 NEUTRAL CITATION R/SCR.A/8221/2025 ORDER DATED: 23/09/2025 undefined interest in getting the complaint registered and even directly approached this Court instead of availing the appropriate remedy available to him, and further in view of the judgment passed by the Hon'ble Apex Court in M. Subramaniam vs. S. Janki, (2020) 16 SCC 728, as well as the decision in Imran Pratap Gadhi vs. State of Gujarat, 2025 SCC OnLine SC 678, the present petition stands dismissed.
5. However, the petitioner is at liberty to avail statutory remedy before appropriate forum. It is hereby made clear that this Court has not examined the merits of the case. Direct service is permitted.
(HASMUKH D. SUTHAR,J) ALI Page 2 of 2 Uploaded by ALI ISTAYAK(HC01093) on Tue Sep 23 2025 Downloaded on : Wed Sep 24 00:43:32 IST 2025