R/SCR.A/3355/2025 ORDER DATED: 15/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 3355 of 2025 ========================================================== RAHUL RUGHNATH BAMNIYA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR KISHAN M RATHOD(10765) for the Applicant(s) No. 1 NOTICE SERVED TO CONCERNED POLICE STATION HOWEVER, SERVICE REPORT NOT FILED BY POLICE STATION for the Respondent(s) No. 2 MR KRUTIK PARIKH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 15/07/2025 ORAL ORDER [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 17.12.2024 (Annexure-A). [2.0] Learned advocate for the petitioner has submitted that the petitioner has approached respondent authority by way of written complaint dated 17.12.2024 (Annexure-A), 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. 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. [4.0] In view of above, present petition stands disposed of with R/SCR.A/3355/2025 ORDER DATED: 15/07/2025 direction to the respondent authority to look into the complaint at Annexure-A and 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. Rule discharged. 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 15/07/2025 18:23:38