Naeem Nizamuddin Shaikh vs State Of Gujarat
2025 Latest Caselaw 6471 Guj

Gujarat High Court

Naeem Nizamuddin Shaikh vs State Of Gujarat on 10 September, 2025

                                                                                                               NEUTRAL CITATION




                            R/SCR.A/3343/2025                                    ORDER DATED: 10/09/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
                                   FIR/COMPLAINT) NO. 3343 of 2025

                      ============================================
                                         NAEEM NIZAMUDDIN SHAIKH
                                                     Versus
                                          STATE OF GUJARAT & ORS.
                      ============================================
                      Appearance:
                      O I PATHAN(7684) for the Applicant(s) No. 1
                      MS MEGHA CHITALIYA, APP for the Respondent(s) No. 1
                      ============================================

                         CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                       Date : 10/09/2025

                                                            ORAL ORDER

[1.0] By way of the present petition, the petitioner prays for following main relief:-

"(B) YOUR LORDSHIPS may kindly be pleased issue an appropriate writ, order or direction, directing the respondent No. 2 to register an FIR of petitioner against the accused persons in the interest of justice."

[2.0] Perusing the report submitted by Unarmed Head Constable, Bodakdev Police Station, Ahmedabad City, it reveals that the complaint of the petitioner is already decided by the respondent authority and also informed the petition in writing about the same. 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

NEUTRAL CITATION

R/SCR.A/3343/2025 ORDER DATED: 10/09/2025

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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 disposed of. If the petitioner is having any grievance then he is at liberty to file appropriate proceedings. This Court has not gone into merits of the case.

(HASMUKH D. SUTHAR,J) ANKIT