R/SCR.A/7221/2025 ORDER DATED: 25/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 7221 of 2025 With CRIMINAL MISC.APPLICATION (FOR JOINING PARTY) NO. 1 of 2025 In R/SPECIAL CRIMINAL APPLICATION NO. 7221 of 2025 ========================================================== YASMIN FIROJ DEVDIWALA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MS NATASHA SUTARIA(7907) 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 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 under Article 226 of the Constitution of India read with Section 173 of the BNSS, the petitioner prays for direction directing the Respondent authorities to lodge the FIR pursuant to the complaint dated 25.07.2024 made by the present petitioner. [2.0] Learned advocate for the petitioner has submitted that the petitioner has approached respondent authority by way of complaint dated 25.07.2024, 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 the petitioner has straightway approached this Court. Hence, in view of the R/SCR.A/7221/2025 ORDER DATED: 25/06/2025 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, no case is made out to issue any direction under Article 226 of the Constitution of India. [4.0] In view of above, present petition 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. Rule discharged. It is hereby made clear that this Court has not examined the merits of the case. Direct service is permitted. In view of disposal of SCR.A No.7221/2025, Criminal Misc. Application No.1/2025 in SCR.A No.7221/2025 also stands disposed of. (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 18:47:04