Vadanji Galabji Thakor vs State Of Gujarat
2024 Latest Caselaw 960 Guj

Gujarat High Court

Vadanji Galabji Thakor vs State Of Gujarat on 5 February, 2024

                                                                                  NEUTRAL CITATION




     R/SCR.A/3273/2023                             ORDER DATED: 05/02/2024

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         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
                 FIR/COMPLAINT) NO. 3273 of 2023
                             With
CRIMINAL MISC.APPLICATION (FIXING DATE OF EARLY HEARING) NO.
                           1 of 2023
       In R/SPECIAL CRIMINAL APPLICATION NO. 3273 of 2023
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                          VADANJI GALABJI THAKOR
                                   Versus
                            STATE OF GUJARAT
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Appearance:
MR JANAK D VARDEY(10910) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 05/02/2024

                                ORAL ORDER

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

"10(a) Your Lordship be pleased to issue writ of mandamus or any other writ, order or direction directing respondents no.2 to consider and decide the representations/complaint dated 24.09.2022 made to them and register an FIR for commission of offence under section 420, 467, 468 and 471 of Indian Penal Code, 1860 in the interest of justice;

(b) Your Lordships be pleased to grant such other and further relief which may be deemed fit just and proper and oblige."

2. 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

NEUTRAL CITATION

R/SCR.A/3273/2023 ORDER DATED: 05/02/2024

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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.

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 representation.

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.

NEUTRAL CITATION

R/SCR.A/3273/2023 ORDER DATED: 05/02/2024

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

Direct service is permitted.

(HASMUKH D. SUTHAR,J) KUMAR ALOK