Gujarat High Court
Prabhaben Becharbhai Busa W/O ... vs State Of Gujarat on 8 December, 2023
NEUTRAL CITATION
R/SCR.A/15826/2023 ORDER DATED: 08/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
FIR/COMPLAINT) NO. 15826 of 2023
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PRABHABEN BECHARBHAI BUSA W/O MULJIBHAI BAVANJIBHAI
RANPARIYA
Versus
STATE OF GUJARAT
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Appearance:
PRASHANTKUMAR R SHARMA(8591) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR PRANAV TRIVEDI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 08/12/2023
ORAL ORDER
1. By way of present petition, the petitioner prays for following
relief:-
"9(B) Your Lordships may be pleased to issue a writ of
mandamus and/or any other writ or directions directing
the police authorities (Respondent No.2 being police
Inspector of City A Division Police Station, Jamnagar) to
register the FIR pursuant to the complaint dated
19.09.2023 at "Annexure-A"."
2. Learned counsel for the petitioner has relied upon various
correspondence and information gathered under the Right to
Information Act and asked the aforestated relief. He has submitted
that the correspondence has been issued by Divisional Police
Officer, Jamnagar City dated 03.11.2023, whereby it is informed that
as the alleged offence is in connection with Sabarmati Jail,
Ahmedabad, his application has already been forwarded to Ranip
Police Station, Ahmedabad, and therefore, the application given by
the petitioner is filed.
NEUTRAL CITATION
R/SCR.A/15826/2023 ORDER DATED: 08/12/2023
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3. In view of the above, the petitioner has raised his voice
against the said correspondence and stated that as the offence is
committed in Jamnagar City and there is no jurisdiction to Ranip,
Ahmedabad Police, he has requested to interfere in the matter.
4. Learned advocate for the petitioner has submitted that the
petitioner has vehemently submitted before all the authorities but
no cognizance is taken by them and hence, they are constrained to
approach this Court. In support of his submission, he has placed
reliance on the order dated 30.09.2020 of the Madurai Bench of
Madras High Court in the case of J.Vijayan V/s. The
Superintendent of Police & Ors. He has submitted that the
petitioner has already made complaint/application dated 19.09.2023
to the concerned Police Inspector and Police Commissioner with
regard to the registration of the FIR, but nothing has been done.
5. 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 .
6. While referring to the judgment of 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 156(3) of Cr.P.C 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
NEUTRAL CITATION
R/SCR.A/15826/2023 ORDER DATED: 08/12/2023
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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.
7. In the present case, the petitioner has not approached the
concerned Magistrate and has directly approached this Court for the
aforesaid prayer.
8. 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
156(3) of the Cr.PC.
9. It is noticed by this Court that various applications seeking
registration of FIR are being filed before this Court directly without
approaching the concerned Magistrate under Section 156(3) of the
Code. 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.
10. With these observations, present petition is rejected. It is hereby
made clear that this Court has not examined the merits of the case.
(HASMUKH D. SUTHAR,J)
SUCHIT
