Pratapbhai Virabhai Palas vs State Of Gujarat
2024 Latest Caselaw 178 Guj

Gujarat High Court

Pratapbhai Virabhai Palas vs State Of Gujarat on 8 January, 2024

                                                                               NEUTRAL CITATION




     R/SCR.A/148/2024                            ORDER DATED: 08/01/2024

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
                 FIR/COMPLAINT) NO. 148 of 2024

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                        PRATAPBHAI VIRABHAI PALAS
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR. SHIVAM N THAKKAR(10024) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3,4
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 08/01/2024
                              ORAL ORDER

1. Rule. Learned APP waives service of notice of Rule for the respondent-State.

2. The Present petition is filed by the petitioner seeking lodgment of an FIR against the accused.

3. Heard learned advocates for the respective parties.

4. It appears from the record that a complaint dated 18.12.2023 has been addressed to Police Inspector, "B" Division Police Station, Patan, but the same has not been heard yet. Therefore, the petitioner approached this Court to lodge an FIR.

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

NEUTRAL CITATION

R/SCR.A/148/2024 ORDER DATED: 08/01/2024

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the case of XYZ vs. State of Madhya Pradesh reported in (2023)9 SCC 705 and in the case of Hamida vs. Rashid alias Rasheed and Ors., reported in (2008) 1 SCC 474.

6. While referring to the judgment of Sudhir Bhaskarrao Tambe (supra), 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.

7. In view of the above, the police authority is directed to consider the representations of the petitioner and inform about the outcome of the same preferably within four weeks.

8. With the aforesaid direction the petition stands disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted.

9. However, it is clarified that this Court has not gone into the

NEUTRAL CITATION

R/SCR.A/148/2024 ORDER DATED: 08/01/2024

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merits of the case. The liberty is reserved in favour of the petitioner to approach the appropriate forum against the decision passed by the police authority.

(HASMUKH D. SUTHAR,J) ALI