Gujarat High Court
Imtiyaz Iqbal Bachav vs State Of Gujarat on 8 September, 2025
NEUTRAL CITATION
R/SCR.A/12424/2025 ORDER DATED: 08/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 12424
of 2025
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IMTIYAZ IQBAL BACHAV
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. HERSCHELLE K. RAVAL(18164) for the Applicant(s) No. 1
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 08/09/2025
ORAL ORDER
1) By way of present petition under Article 226 of the Constitution
of India read with Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 the petitioner has sought for following
reliefs :-
"(b) To issue a writ of mandamus and/or any other
appropriate writ, order or direction directing respondent
no.2 to decide the representation by the wife of the
present petitioner dated 18.08.2025 at [Annexure-C
Colly].
(c) To issue a writ of mandamus and/or any other
appropriate writ, order or direction directing the
concerned respondents to not take any coercive action
against the petitioner in respect of FIRs lodged against the
present petitioner and to restrain further registration of
FIRs on the same set of facts without prior leave of the
Ld. Trial Court;
NEUTRAL CITATION
R/SCR.A/12424/2025 ORDER DATED: 08/09/2025
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(d) To direct the Commissioner of Police, Surat, that the
petitioner shall not be victimized by the illegal action
without there being any legitimate cause.
(e) to direct that appropriate inquiry be conducted
regarding registration of the repeated false complaints
and the role of the concerned police officers involved in
the registration of the said FIRs.
(f) Pending admission, hearing and final disposal of this
petition, to direct the respondents to submit action taken
report pursuant to the representation by the wife of the
present petitioner [Annexure-C Colly]."
2) The learned Advocate for the petitioner after arguing for
sometime, restricted to prayer 10(B). The representation dated
18.08.2025 addressed to the respondent no.2. Considering the
fact that the petitioner is already arrested and in custody. The
petitioner sought relief directing respondents and ensure that no
any coercive action against husband and brother in law of the
petitioner without proper verification of facts and evidence. In
such type of allegations and one after another complaints are
registered as alleged by the petitioner for that appropriate
remedy is available. As question does not arise to pass any
direction as prayed for in the petition. However, it is made clear
that the Police is duty bound to investigate any offence in fair
and impartial manner as per Clause 137 of the Gujarat Police
Manual, 1975 Vol III.
3) This Court deems it proper to refer the judgment passed by this
Court in the cases of (i) Chandan Panalal Jaiswal Vs. State
Of Gujarat, reported in 2005 GLR HC 10005144, 2005 (3)
GCD 2406 (ii) Valiben, W/o Vitthalbhai Narsinhbhai v.
NEUTRAL CITATION
R/SCR.A/12424/2025 ORDER DATED: 08/09/2025
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State of Gujarat, reported in 2006 GLR HC 10006919, 2006
(2) GLH 354, 2006 (12) GHJ 518 (iii) Ganibhai Hajibhai
Dhoniya v. State of Gujarat and (iv) State Of Gujarat vs
Dipak Jaswantlal Sheth reported in (1998) 3 GLR 2240,
wherein, it is observed that it is the duty of the police to do all
they can to find out the truth.
4) In view of above, it is expected that the concerned respondent
authorities will conduct fair, neutral and impartial investigation
in accordance with law.
5) With the aforesaid directions no case is made out for issuance of
direction under Article 226 of the Constitution of India.
Accordingly, the present petition is disposed of. This Court has
not gone into the merits of the matter. However, it is kept open
for the petitioner that if any adverse outcome in that event
liberty to file appropriate proceedings.
(HASMUKH D. SUTHAR,J)
ANKIT
