Gujarat High Court
Gautambhai Gordhanbhai Solanki vs State Of Gujarat on 8 September, 2025
NEUTRAL CITATION
R/SCR.A/12178/2025 ORDER DATED: 08/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
FIR/COMPLAINT) NO. 12178 of 2025
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GAUTAMBHAI GORDHANBHAI SOLANKI & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. NILAY A THAKER(7275) for the Applicant(s) No. 1,2,3
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 the present petition, the petitioners pray for following
main relief:-
"(A) Your Lordships may be pleased to pass approprite
orders, writ or direction to the respondents to comply with
the statutory/mandatory provisions of BNSS and be further
pleased to direct Respondent No. 2 to register FIR on basis
of written complaint dated 12/12/2024 at Annexures-"A"
preferred by the petitioner and further be directed to act in
accordance with law in a fair and impartial manner."
2) Perusing the record reveals that the alleged incident took place in
connection of death of one Hathibhai Dhanabhai on 15.02.1980 and
entry was mutated on 01.03.1983 and thereafter Sale Deed was
executed in the year 1993 in this regard the petitioners intending to
register the complaint. 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.
NEUTRAL CITATION
R/SCR.A/12178/2025 ORDER DATED: 08/09/2025
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3) 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.
4) With these observations, no case is made out to pass any direction
under Article 226 of the Constituion of India and accordingly
present petition is dismissed. However, the petitioner is at liberty
to file appropriate proceeding before the appropriate forum. This
Court has not gone into the merits of the case.
(HASMUKH D. SUTHAR,J)
ANKIT
