Extracted from the PDF above. The PDF is authoritative.
R/SCR.A/2096/2025 ORDER DATED: 11/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 2096 of 2025 ========================================================== VRUTI GHANSHYAMBHAI PAMBHAR Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1 MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 11/09/2025 ORAL ORDER [1.0] By way of present petition under Article 226 of the Constitution of India read with Section 528 of the BNSS, the petitioner prays for direction directing the Respondent authorities to lodge the FIR pursuant to the complaints dated 29.01.2025 and 02.02.2025 (Annexure-A). [2.0] Learned advocate for the petitioner has submitted that the petitioner has approached respondent authority by way of complaints dated 29.01.2025 and 02.02.2025 (Annexure-A). [3.0] Perusing the nature of allegations and as the petitioner is intended to file a complaint, prima facie, it appears that as to whether offence is made out or not itself is a question of fact. 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 as well as the decision in the case of Imran Pratap Gadhi vs. State of Gujarat reported in 2025 SCC OnLine (SC) 678.
R/SCR.A/2096/2025 ORDER DATED: 11/09/2025 [4.0] In view of above, present petition stands disposed of with direction to the respondent No.5 authority to independently look into the complaints at Annexure-A, if he has received any such complaints and inform the petitioner in writing about the outcome by assigning reasons in brief, preferably within a period of two weeks from today. If any adverse outcome then the petitioner shall have liberty to file appropriate proceedings before appropriate forum, as he has directly approached this Court. It is hereby made clear that this Court has not examined the merits of the case. Direct service is permitted.
(HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 11/09/2025 18:49:03