Extracted from the PDF above. The PDF is authoritative.
R/SCR.A/9288/2025 ORDER DATED: 10/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 9288 of 2025 ========================================================== SALIM HABIB AGWAN Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR. KRUNAL K MODI(7321) for the Applicant(s) No. 1 MR ROHAN SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 10/07/2025
ORAL ORDER 1) Heard Mr. Krunal Modi, learned counsel for the petitioner and Mr. Shah, learned APP for the State. 2) By way of present petition, the petitioner prays for direction directing the Respondent authorities to lodge the FIR pursuant to the written complaints lodged by the petitioner at Annexure-A. 3) At the outset, learned APP has drawn attention of this Court to the communications addressed by the petitioner, which are part of compilation and petition. On the same set of facts, the petitioner has approached Human Rights Commission and complaint came to be investigated and answer in that regard was also communicated to the petitioner. 4) In view of the above, once the allegation and complaint is investigated and prima facie no offence is made out and thereafter, its outcome is also informed to the petitioner, question does not arise to once again issue directions to investigate the same.
R/SCR.A/9288/2025 ORDER DATED: 10/07/2025 5) In view of the above, as the respondent authority has already looked into the representation /grievance raised by the petitioner, no case is made out to pass any direction. If the petitioner is dissatisfied with the said outcome, he 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 vs. S. Janki reported in (2020)16 SCC 728, rather to straightaway approach this Court under Article 226 of the Constitution of India. If any such proceedings are filed by the petitioner, the same shall be decided by the authority on its own merit. It is hereby made clear that this Court has not examined the merits of the case. 6) With the above observation, petition is disposed of.
(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 14/07/2025 11:00:07