R/SCR.A/2747/2025 ORDER DATED: 12/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 2747 of 2025 ========================================================== CHAUDHARY DINESHBHAI NARSANGBHAI PROPRIETOR OF CHAUDHRY SHANKARBHAI KACHARABHAI AND CO. & ANR. Versus STATE OF GUJARAT ========================================================== Appearance: MR KAMLESH S KOTAI(6150) for the Applicant(s) No. 1,2 MS JIRGA JHAVERI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 12/06/2025 ORAL ORDER RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat. [1.0] By way of present petition, the petitioner prays for direction directing the Respondent authorities to lodge the FIR pursuant to the written complaint dated 16.01.2024 against the accused. [2.0] Learned advocate for the petitioner has submitted that the petitioner has approached respondent authority by way of written complaint dated 16.01.2024, but nothing has been done. [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. [4.0] 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 R/SCR.A/2747/2025 ORDER DATED: 12/06/2025 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. [5.0] With the above observation, present application stands disposed of. However, the petitioner is at liberty to avail statutory remedy before appropriate forum under the provisions of the CrPC / BNSS and as per the law laid down in the case of M. Subramaniam (Supra). After taking into consideration the complaint and other materials, if any, if the Police Inspector is of the view that the same discloses commission of a cognizable offence, then appropriate directions be issued for registration of the FIR forthwith at the concerned Police Station. However, the Police Inspector, if after going through the materials, is of the view that no case is made out for registration of the FIR, then in such circumstances, he shall inform the petitioner in writing about the same by assigning reasons in brief, preferably within a period of four weeks from today. It is hereby made clear that this Court has not examined the merits of the case. Direct service is permitted. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 13/06/2025 11:29:42