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2025 DAILYLAW 2394 (GUJ)

KHYATIBEN JETHABHAI PATEL v. STATE OF GUJARAT

SCR.A/3332/2022 · 2025-08-04

Hasmukh D Suthar

body2025

Judgment text

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R/SCR.A/3332/2022 ORDER DATED: 04/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 3332 of 2022 ========================================================== KHYATIBEN JETHABHAI PATEL Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR NIRAD D BUCH(4000) for the Applicant(s) No. 1 MR MANAN MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 04/08/2025 ORAL ORDER [1.0] By way of present petition, the petitioner prays for direction directing the respondent authoriy to lodge the FIR pursuant to the written complaint dated 25.02.2022 against the accused. [2.0] Learned advocate for the petitioner has submitted that the petitioner has approached respondent No.2- P.I, Padra Police Station, by way of written complaint dated 25.02.2022, but nothing has been done. [3.0] Perusing the nature of allegations and as the petitioner is intended to file a complaint, as to whether cognizable offence is made out or not itself is a question of fact. [4.0] In view of the above, it appears that without availing appropriate remedy under the provisions of the CrPC / BNSS, the petitioner has directly approached this Court under Article 226 of the Constitution. However, respondent No.2- Padra Police Station, Dist. Vadodara, is directed to look into the complaint of the petitioner and intimate its outcome to the petitioner. If any adverse outcome is there, the petitioner is at liberty to file appropriate proceedings before appropriate forum. [5.0] With the above direction, Petition is disposed of. 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 04/08/2025 17:35:40