R/SCR.A/7670/2025 ORDER DATED: 30/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 7670 of 2025 ========================================================== AJAYKUMAR RAMADHAR SHARMA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR SADIK A ANSARI(5388) for the Applicant(s) No. 1 MR MANAN MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 30/07/2025 ORAL ORDER 1. When the matter is called out, learned counsel for the petitioner has remained absent. However, with an assistance of ld. APP, the matter is taken up for final disposal. 2. By way of present petition, the petitioner relying upon the decision of Lalita Kumari Vs. State of U.P, prays for direction directing the Respondent authorities to lodge the FIR pursuant to the written complaint dated 20.03.2025 against the accused. 3. From the record, it appears that grievance of the petitioner is qua non-registration of FIR or inaction on the part of the police authority. Dispute is civil in nature and even otherwise, rather to take appropriate recourse available under the Cr.P.C or BNSS, the petitioner has straightway approached this Court under Article 226 of the Constitution of India. 4. 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. R/SCR.A/7670/2025 ORDER DATED: 30/07/2025 5. Therefore, as the petitioner is having alternative statutory remedy before appropriate forum under the provisions of the Cr.P.C / BNSS and as per the law laid down in the case of M. Subramaniam (Supra), no case is made out to pass any direction. If the petitioner dissatisfies with the decision or inaction on the part of the police, he has to file appropriate proceedings under Section 154(3)/173 (3) of BNSS. 6. With the above observation, present application stands 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 30/07/2025 17:52:46