R/SCR.A/11438/2025 ORDER DATED: 19/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 11438 of 2025 ========================================================== RAJESHBHAI SANKABHAI PATEL THROUGH POA JAYESH RAJESHBHAI SANKABHAI PATEL Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR AM PAREKH(562) for the Applicant(s) No. 1 MY YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 19/08/2025 ORAL ORDER [1.0] By way of present petition, the petitioner prays for direction directing the Respondent authorities to lodge the FIR pursuant to the written application dated 07.04.2025 against the accused. [2.0] Learned advocate for the petitioner has submitted that the petitioner has approached respondent authority by way of written application dated 07.04.2025, 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 as to whether offence is made out or not itself is a question of fact. 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. [4.0] In view of above, present petition stands disposed of with direction to the respondent authority to look into the complaint at R/SCR.A/11438/2025 ORDER DATED: 19/08/2025 Annexure-A and inform the petitioner in writing about the same by assigning reasons in brief, preferably within a period of two weeks from today. 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 19/08/2025 18:07:26