Gujarat High Court
Hanifabibi Husenkhan Pathan vs State Of Gujarat on 12 December, 2023
NEUTRAL CITATION
R/SCR.A/15974/2023 ORDER DATED: 12/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
FIR/COMPLAINT) NO. 15974 of 2023
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HANIFABIBI HUSENKHAN PATHAN
Versus
STATE OF GUJARAT
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Appearance:
MR Y J PATEL(3985) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS DP ZALA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 12/12/2023
ORAL ORDER
1. By this writ-application under Article 226 of the
Constitution of India, the applicant has a grievance to redress as
regards the inaction on the part of the police authority in not
registering the First Information Report pursuant to the
complaint lodged by him in writing dated 12.08.2023 addressed
to the Police Inspector, Dabhoi Police Station, Vadodara, for
the offence punishable under Sections 465, 467, 468, 471, 120(B)
read with Section 114 of the Indian Penal Code.
2. It is needless to say that if the offence is committed, the
Police Authority is duty bound to register the complaint and after
the investigation whatever the outcome should be informed to
the petitioner about the complaint, which is registered or not.
NEUTRAL CITATION
R/SCR.A/15974/2023 ORDER DATED: 12/12/2023
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3. 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, he is 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 an application dated 26.04.2023 to
the concerned Police Inspector 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
NEUTRAL CITATION
R/SCR.A/15974/2023 ORDER DATED: 12/12/2023
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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.
6. In the present case, the petitioner has not approached the
concerned Magistrate and has directly approached this Court for
the aforesaid prayer.
7. 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 approach the
concerned Magistrate under section 156(3) of the Cr.PC.
8. 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.
9. With a liberty to avail alternate statutory remedy, the
present application is rejected.
NEUTRAL CITATION
R/SCR.A/15974/2023 ORDER DATED: 12/12/2023
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10. It is hereby made clear that this Court has not examined
the merits of the case.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
