Gujarat High Court
Jaydeep Manubhai Shah vs State Of Gujarat on 11 January, 2024
NEUTRAL CITATION
R/SCR.A/429/2024 ORDER DATED: 11/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
FIR/COMPLAINT) NO. 429 of 2024
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JAYDEEP MANUBHAI SHAH
Versus
STATE OF GUJARAT
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Appearance:
URVESH M PRAJAPATI(8878) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3,4,5
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 11/01/2024
ORAL ORDER
1. Heard learned advocates for the respective parties.
2. By this writ-application under Article 226 of the
Constitution of India, the applicant has made representation
addressed to the PI, Navrangpura Police Station, Ahmedabad and
addressed to DCP, but they have not inquired into the same,
which is placed at Annexures - 'A' and 'C' but no action has been
taken on the part of the respondent-authority.
3. In view of the above, respondent authority is directed to
independently look into the representation/complaint of the
petitioner and inform about the outcome of the same without
being influenced by the observation made by this Court
preferably within 4 weeks.
NEUTRAL CITATION
R/SCR.A/429/2024 ORDER DATED: 11/01/2024
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4. 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 .
5. 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. 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.
6. In the present case, the petitioner has not approached the
concerned Magistrate and has directly approached this Court for
the aforesaid prayer.
NEUTRAL CITATION
R/SCR.A/429/2024 ORDER DATED: 11/01/2024
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7. Under the circumstances and in light of the observations
made by the Apex Court, the writ petition is rejected since the
petitioner has the remedy to approach the approach the
concerned Magistrate under section 156(3) of the Cr.PC.
8. It is noticed by this Court that various applications seeking
registration of FIR are being filed before this Court directly
without approaching the concerned Magistrate under Section
156(3) of the Code. Such applications which are directly filed are
in direct conflict with the observations of the Apex Court. The
Apex Court has expressed its concern with regard to filing of
such applications/petitions directly before the High Court since
filing of such petitions/applications are an unnecessary burden.
9. With the aforesaid direction the petition stands disposed
of. Direct service is permitted.
10. However, it is clarified that this Court has not gone into the
merits of the case. In case of any adverse outcome, petitioner
shall have liberty to avail appropriate alternate statutory remedy
available under the law, if permissible.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
