R/SCR.A/4437/2023 ORDER DATED: 10/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 4437 of 2023 ========================================================== HUSAIN USMAN KADIVAR Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR BHARAT T RAO(697) for the Applicant(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 2,3 MS ASMITA PATEL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 10/06/2025 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 No.3 to lodge the FIR pursuant to the written complaints dated 15.02.2023, 27.03.2023 and 30.03.2023 against the accused. [2.0] Perusing the record it appears that on 222.01.2023, the petitioner has given a statement before the Vankaner City Police Station whereby he submitted that he does not want to proceed with his complaint. [3.0] Be that as it may, if the respondent authority has received the aforesaid representation/s then keeping in mind the law laid down 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, if R/SCR.A/4437/2023 ORDER DATED: 10/06/2025 any cognizable offence is made out, the respondent authority shall register the FIR. [4.0] 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 two 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 10/06/2025 17:45:01