Gujarat High Court
Ghanshyambhai Bholabhai Patel vs State Of Gujarat on 15 December, 2023
NEUTRAL CITATION
R/SCR.A/10547/2023 ORDER DATED: 15/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 10547 of 2023
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GHANSHYAMBHAI BHOLABHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
H R KAPADIA(7379) for the Applicant(s) No. 1
MRS REKHA H KAPADIA(2246) for the Applicant(s) No. 1
for the Respondent(s) No. 10,2,3,4,5,6,7,8,9
MR PRANAV TRIVEDI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 15/12/2023
ORAL ORDER
1. By way of the present petition, the petitioner prays for following
reliefs:-
"39(A) Your Lordships may be pleased to issue
appropriate writ, order or direction directing the
respondent no.2 to place on record the complaint filed
by the petitioner dated 25/11/2021 and also placed on
record the statements recorded in the said complaint
and the evidence recorded in the said complaint and
further be pleased to direct the respondent no.2 to
investigate the said complaint in accordance with law
and intimate the outcome of the said complaint to the
petitioner in writing.
(B) Pending admission, hearing and final disposal of this
petition, Your Lordships may be pleased to direct the
respondent No.2 to place action taken report in
pursuance of the complaint made by the petitioner dated
25/11/2021."
2. 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
NEUTRAL CITATION
R/SCR.A/10547/2023 ORDER DATED: 15/12/2023
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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
Supeintendent of Police & Ors. She has submitted that the
petitioner has already made an application dated 25.11.2021 to
Police Inspector, Meghaninagar Police Inspector, Ahmedabad, but
nothing has been done.
3. 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 .
4. While referring to the judgment of Sudhir Bhaskarrao Tambe
Vs. Hemant Yashwant Dhage, 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.
5. In the present case, the petitioner has not approached the
concerned Magistrate and has directly approached this Court for the
NEUTRAL CITATION
R/SCR.A/10547/2023 ORDER DATED: 15/12/2023
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aforesaid prayer.
6. Under the circumstances and in light of the observations made by
the Apex Court, the writ petition is rejected since the petitioner has
remedy to approach the approach the concerned Magistrate under
section 156(3) of the Cr.PC.
7. 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.
8. 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
