Gujarat High Court
Dashrathbhai Gangadasbhai Solanki vs State Of Gujarat on 23 July, 2025
NEUTRAL CITATION
R/SCR.A/1324/2025 ORDER DATED: 23/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
FIR/COMPLAINT) NO. 1324 of 2025
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DASHRATHBHAI GANGADASBHAI SOLANKI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR VISHAL N SOLANKI(11628) for the Applicant(s) No. 1
MR MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 23/07/2025
ORAL ORDER
[1.0] By way of the present petition, the petitioner prays for following
main relief:-
"(B) Your Lordships may be pleased to issue a writ of
Mandamus or any writ in nature of Mandamus or any other
appropriate writ, order or direction and by directing the
Respondent no.3 under the direction of the respondent
no.2 to lodge the names of the respondent no.4 to 17 in
the F.I.R. in this case before the Sui-gam Police Station,
Dist. Banaskantha.
(C) Your Lordships may be pleased to direct for the proper
and stricter investigation must be held by the Special
Branches of the police likewise Crime Branch, C.I.D.,
A.C.B., CBI etc. This is also one special request to the
Hon'ble Court to allot the investigation to the competent
department of the Police to investigate in right and proper
direction through the eye of law."
[2.0] Perusing the nature of grievance prima facie it appears that the
application at Annexure - A is in connection of illegal recruitment in
GRD Suigam. In this regard the MLA has raised question before the
Superintendent of Police and the Superintendent of Police has already
addressed the issue and informed accordingly to the MLA. Considering
the nature of allegation, it appears that it is purely of administrative
NEUTRAL CITATION
R/SCR.A/1324/2025 ORDER DATED: 23/07/2025
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action and no specific allegation or specific averment viz., disclosing as
to in what manner cognizable offence is committed and hence, no case
is made out based on incomplete and hazy facts. Even if the petitioner
is having any grievance qua commission of cognizable offence then
also without resorting to appropriate remedy provided under BNSS, he
has straightway approached this Court.
[3.0] Therefore, in view of 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 as well as 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
175(3) of the BNSS [section 156(3) of CrPC] 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.
[5.0] With these observations, present petition is rejected.
(HASMUKH D. SUTHAR,J)
ANKIT
