R/SCR.A/3674/2025 ORDER DATED: 25/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 3674 of 2025 ========================================================== JIVRAJBHAI BHAGWANBHAI PANDAV Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR AMIT D SHAH(11232) for the Applicant(s) No. 1 MS KHUSHBU R SHAH(11864) for the Applicant(s) No. 1 MR MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 25/06/2025 ORAL ORDER 1. By way of present petition under Article 226 of the Constitution of India, the petitioner has sought for the following relief: “(B) This Hon’ble Court may be pleased to issue writ of mandamus or any writ in nature of Mandamus or any other appropriate writ, order or direction to lodge FIR directions to the Police Inspector, Mahuva Police Station, Tal.Mahuva, Dist.Bhavnagar to register the FIR (Ann.A) given by the applicant on 24/10/2018 and to conduct the fair and impartial investigation into the application made by the applicant in accordance with law in the interest of justice;” 2. Perusing the record it appears that the petitioner has time and again approached this Court and the coordinate Bench of this Court has already passed slew of directions to the respondent authorities which has not been complied with. It is needless to say that even the order dated 26.07.2024 passed by the coordinate Bench in SCR.A No.4176/2023 more particularly paragraph No.6, reads as under, provides that there is remedy under Section 223 of the BNSS: R/SCR.A/3674/2025 ORDER DATED: 25/06/2025 “For any reason, if the police authorities refuse to register the FIR, it shall be open for the petitioner to avail of the remedy under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023.” 3. In view of above, as alternative remedy is available to the petitioner, question to pass any direction in exercise of powers under Article 226 of the Constitution of India does not arise and hence, present petition is disposed of accordingly. However, it is kept open for the petitioner to file appropriate proceeding before appropriate forum as directed by the coordinate Bench in its order dated 26.07.2024 passed in SCR.A No.4176/2023. It is made clear that this Court has not examined the merits of the case. (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 25/06/2025 18:50:15