Manish Puranchandra Manhotrathe ... vs State Of Gujarat
2024 Latest Caselaw 1006 Guj

Gujarat High Court

Manish Puranchandra Manhotrathe ... vs State Of Gujarat on 6 February, 2024

                                                                                 NEUTRAL CITATION




     R/SCR.A/5060/2020                             ORDER DATED: 06/02/2024

                                                                                  undefined




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO
       LODGE FIR/COMPLAINT) NO. 5060 of 2020

=================================================
MANISH PURANCHANDRA MANHOTRATHE PRESIDENT OF
 SAMARPAN HOUSING SERVICE COOPERATIVE SOCIETY
                            Versus
               STATE OF GUJARAT & 2 other(s)
=================================================
Appearance:
MR. NISARG N JAIN(8807) for the Applicant(s) No. 1
for the Respondent(s) No. 4
DS AFF.NOT FILED (N) for the Respondent(s) No. 2,3
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
=================================================

CORAM:HONOURABLE MR. JUSTICE CHEEKATI
      MANAVENDRANATH ROY

                          Date : 06/02/2024

                           ORAL ORDER

1. This special criminal application under Article 226 of the

Constitution of India is filed seeking direction to the respondent -

police officers to register the FIR on the basis of the report lodged by

the petitioner with JP Police Station, Vadodara.

2. Heard learned counsel for the petitioner and the learned

NEUTRAL CITATION

R/SCR.A/5060/2020 ORDER DATED: 06/02/2024

undefined

Additional Public Prosecutor for the respondent - State.

3. The only grievance of the petitioner is that a mob attacked the

residents of the society and the President of the society lodged a

report with JP Police Station, Vadodara and it disclosed commission

of a cognizable offence and the police did not register any FIR and

investigate the same. Therefore, the present petition is filed seeking

direction to the police to register the FIR and to investigate the

offence.

4. Having regard to the prayer made in the petition, this Court is

of the considered view that this petition can be disposed of on the

ground of its maintainability.

4.1 The Apex Court in the case of Sakiri Vasu v. State of UP and

Others, (2008) 2 SCC 409, has clearly held in unequivocal terms

that a writ petition under Article 226 of the Constitution of India or

an application under Section 482 of the Criminal Procedure Code,

1973 (CrPC) filed in the High Court seeking a prayer against the

NEUTRAL CITATION

R/SCR.A/5060/2020 ORDER DATED: 06/02/2024

undefined

police to register the FIR, is not maintainable and that the aggrieved

person has to exhaust three remedies that are contemplated in CrPC

for redressal of his grievance.

4.2 Therefore, in view of the dictum laid down in the aforesaid

judgment, this petition under Article 226 of the Constitution of India

seeking aforesaid direction is clearly not maintainable under law.

5. Therefore, the petition is dismissed as not maintainable.

However, the petitioner is at liberty to exhaust the remedy available

to him under the CrPC for redressal of his grievance. In case the

petitioner invokes Section 154(3) CrPC and sends a report by post to

the Superintendent of Police or the Commissioner of Police, as the

case may be, he shall take appropriate decision on it according to

law.

[ Cheekati Manavendranath Roy, J. ] hiren /3