Gujarat High Court
Arshad Ayyub Mamadbhai Kadivar vs State Of Gujarat on 14 February, 2024
NEUTRAL CITATION
R/SCR.A/2007/2024 ORDER DATED: 14/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
FIR/COMPLAINT) NO. 2007 of 2024
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ARSHAD AYYUB MAMADBHAI KADIVAR
Versus
STATE OF GUJARAT
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Appearance:
A S TIMBALIA(7372) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS DP JHALA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 14/02/2024
ORAL ORDER
1. By way of the present petition, the petitioner prays for
following main relief:-
"20(a) The Hon'ble Court may be pleased to allow this
Special Criminal Application by issuing appropriate writ,
order or direction, directing to respondent authority to
register the complaint of the applicant which was sent
to the Respondent No.2.
(b) Pending, admission, hearing and final disposal of he
application, Your Lordship may be pleased to direct the
Respondent No.2 to consider the representation of
applicant and to investigate and to take necessary
prompt steps against the persons who committed said
offence.
(C) Your Lordship Pass any such other and/or further
orders that may be thought just and proper, in the facts
and circumstances of the present case."
2. Learned advocate for the petitioner has submitted that the
petitioner has vehemently submitted before respondent
NEUTRAL CITATION
R/SCR.A/2007/2024 ORDER DATED: 14/02/2024
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authority but no cognizance is taken by him 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. It is submitted that
petitioner is aggrieved by the unmitigated non-action of the
respondent No.2 on the written complaint filed by the petitioner
24.09.2022.
3. Having heard the learned advocates for the respective
parties and having gone through the material available on record,
it appears that by way of the complaint (Annexure-A), the
petitioner approached PI, LCB Police Station and submitted a
report dated 10.2.2023 to SP, Bhuj and come to the conclusion
that though offence is registered in connection with financial
transaction and no action has been taken by the concerned
authority. Hence, present application is filed.
4. Considering the fact that as police authority has
investigated the complaint at Annexure-A and come to the
conclusion that if any grievance is against the inquiry or decision
taken by the authority, it is always open for the petitioner to take
appropriate recourse known by law.
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
NEUTRAL CITATION
R/SCR.A/2007/2024 ORDER DATED: 14/02/2024
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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.
7. In view of above, police authority is directed to look into
the representation made by the petitioner and inform about the
outcome of the said representation. It is needless to say that if in
case of any adverse communication being made, petitioner shall
have liberty to avail appropriate remedy / statutory remedy
available under the law.
8. If any alternate remedy is availed by the petitioner, then
considering the fact and merit of the case, concerned authority is
directed to expeditious disposal of the same in accordance with
law.
9. With the aforesaid directions, the present petition is
disposed of.
Direct service is permitted.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
