R/SCR.A/9385/2025 ORDER DATED: 10/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 9385 of 2025 ========================================================== RAJNIKANT DAMODARBHAI PATEL Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR HANNAN A QURESHI(11351) for the Applicant(s) No. 1 MR RJ GOSWAMI(1102) 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 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 authorities to lodge the FIR pursuant to the written complaint dated 29.04.2025. [2.0] Perusing the grievance of the petitioner and application filed by the petitioner at Annexure-C it appears that, the petitioner has purchased plot and he intended to make construction on it, but the accused creating hindrance and time and again, administered threats to demolish the construction and thereby, tried to illegally restrain the petitioner from making any construction on the plot. The accused also disconnected the electricity and water connection. [3.0] As the dispute is civil in nature and suppose if any offence is committed under the Electricity Act, then special mechanism and authorization is provided for lodgment of the complaint. Here in the case on hand, no any allegation of theft of electricity, any electrical material or tampered with any electrical apparatus. Page 1 of 2 R/SCR.A/9385/2025 ORDER DATED: 10/07/2025 [4.0] While referring to the judgment of Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage & Ors. reported in (2016)6 SCC 277 and M. Subramaniam vs. S. Janki reported in (2020)16 SCC 728, it is observed that if the High Courts entertain such writ petitions seeking registration of FIR, then they will be flooded with such writ petitions and will not be able to do any other work, except dealing with them. It is specifically held that the complainant must avail of his alternate remedy to approach the Magistrate concerned under section 175(3) of the BNSS [section 156(3) of CrPC] and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the FIR and also ensure a proper investigation in the matter. While approving the aforenoted view, the Supreme Court has set aside the direction of the High Court for registration of the FIR and has directed the respondent thereto to approach the court of Magistrate if deem appropriate and necessary. Thus, the law on the registration of FIR is well settled and has been reiterated in the recent judgment of the Supreme Court as noted herein above. [5.0] In the present case, the petitioner has not approached the concerned Magistrate and has directly approached this Court for the aforesaid prayer. [6.0] Under the circumstances and in light of the observations made by the Apex Court, This petition is rejected since the petitioner has remedy to approach the concerned Magistrate under section 175(3) of the BNSS [section 156(3) of CrPC]. [7.0] With these observations, present petition is disposed of. It is hereby made clear that this Court has not examined the merits of the case. (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 11/07/2025 14:59:48