Virji Gela Chheda vs State Of Gujarat
2024 Latest Caselaw 1571 Guj

Gujarat High Court

Virji Gela Chheda vs State Of Gujarat on 20 February, 2024

                                                                                 NEUTRAL CITATION




     R/SCR.A/206/2024                            ORDER DATED: 20/02/2024

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         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
                  FIR/COMPLAINT) NO. 206 of 2024
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                           VIRJI GELA CHHEDA
                                  Versus
                        STATE OF GUJARAT & ORS.
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Appearance:
MR KIRTIDEV R DAVE(3267) for the Applicant(s) No. 1
MR RAHUL K DAVE(3978) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3,4,5
MS MD MEHTA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                            Date : 20/02/2024

                             ORAL ORDER

1. By way of the present petition, the petitioner prays for following main relief:-

"(12)(a) Your Lordships be pleased to admit this petition;

(b) Your Lordships be pleased to issue writ of mandamus or any other writ, order or directions to the respondents to register the complaint of the petitioner as FIR.

(c) Your Lordships be pleased to issue writ of mandamus or any other writ, order or directions to the respondents to get the complaint/FIR of the petitioner by some senior independent officer of the State Police.

(d) Your Lordships be pleased to grant such other order and further relief/s may be deemed fit in the facts and circumstances of the case."

2. Learned advocate for the petitioner has submitted that the petitioner has approached PI Bhachau Police Station, Dist.

NEUTRAL CITATION

R/SCR.A/206/2024 ORDER DATED: 20/02/2024

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Kachchh by way of applications/representations dated 17.10.2022, 06.12.2022 and 13.02.2023, but, till date no action is taken by the concerned authority.

2.1. Learned advocate for the petitioner has submitted that the petitioner has vehemently submitted before respondent 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. 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 & 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.

NEUTRAL CITATION

R/SCR.A/206/2024 ORDER DATED: 20/02/2024

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5. 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 applications / representations within 4 weeks from today.

6. 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.

7. With the aforesaid directions, the present petition is disposed of.

Direct service is permitted.

(HASMUKH D. SUTHAR,J) KUMAR ALOK