R/SCR.A/9707/2025 ORDER DATED: 15/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 9707 of 2025 ========================================================== NIRUBEN MANSUKHBHAI MAKWANA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR VAIBHAV A VYAS(2896) for the Applicant(s) No. 1 MR KRUTIK PARIKH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 15/09/2025 ORAL ORDER [1.0] By way of present petition, the petitioner prays for direction directing the Respondent authorities to consider the representation / complaint of the petitioner at Annexure-A and investigate the same and join Vipul Makvana and Alpesh Makvana as accused. [2.0] Learned advocate for the petitioner has submitted that the petitioner has approached respondent authority by way of representation / complaint of the petitioner at Annexure-A, but nothing has been done. [3.0] Learned APP has submitted the report, which is taken on record and at the outset has submitted that investigation of AD Case is going on and it will take approximately two weeks’ time to conclude the same. [4.0] 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 R/SCR.A/9707/2025 ORDER DATED: 15/09/2025 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. [5.0] In view of above, present petition stands disposed of with direction to the respondent authority to look into the representation / complaint at Annexure-A and inform the petitioner in writing about the same by assigning reasons in brief, preferably within a period of four weeks from today. If any adverse outcome, then the petitioner shall have liberty to file appropriate proceeding before appropriate forum / Court. 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 15/09/2025 17:50:58