Gujarat High Court
Khebhar Osaman Ishakbhai vs State Of Gujarat on 11 December, 2023
NEUTRAL CITATION
R/SCR.A/15895/2023 ORDER DATED: 11/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 15895 of 2023
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KHEBHAR OSAMAN ISHAKBHAI
Versus
STATE OF GUJARAT
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Appearance:
MS KHUSHBU P VYAS(7040) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR PRANAV TRIVEDI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 11/12/2023
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule for the
respondent-State.
2. Present petition is preferred by the petitioner for the
following reliefs:
"7. (A) Direct the respondent authorities to ensure the
life and liberty of the petitioner and his family in the
interest of justice and take appropriate action I
accordance with law in the case of present petitioners,
and
(B) Direct the respondent authorities to take the
preventive steps and taken appropriate action in
accordance with law in the case of present petitioner;
(C) Grant any other relief or pass any other order
which the Hon'ble Court may consider as just and
proper in the facts and circumstances of the case."
3. Learned advocate for the petitioner has submitted that the
NEUTRAL CITATION
R/SCR.A/15895/2023 ORDER DATED: 11/12/2023
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petitioner has vehemently submitted before all the authorities
but no cognizance is taken by them and hence, he is constrained
to approach this Court. He has submitted that the petitioner has
already made several applications to the concerned Police
Authority with regard to the registration of the FIR, but nothing
has been done.
4. 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. 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 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.
NEUTRAL CITATION
R/SCR.A/15895/2023 ORDER DATED: 11/12/2023
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6. In view of the above, the respondent-Police Commissioner,
Rajkot is directed to consider the representation addressed by
the petitioner in accordance with law preferable within a period
of eight weeks.
7. With this direction the petition stands disposed of. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
8. However, it is clarified that this Court has not gone into the
merits of the case.
(HASMUKH D. SUTHAR,J)
ALI
