R/SCR.A/9967/2025 ORDER DATED: 21/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 9967 of 2025 ========================================================== YOGESH DAYARAM MAKUWALA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR BA SURTI(876) for the Applicant(s) No. 1 MR ROHAN SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 21/07/2025 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 complaint at Annexure-A. [2.0] Learned advocate for the petitioner has submitted that the petitioner has approached respondent authority by way of complaint at Annexure-A, but nothing has been done. [3.0] Perusing the Annexure-F, it appears that on 20.12.2024, Assistant Commissioner of Police, ‘A’ Division has issued the letter and inform the petitioner to remain present to get record his statement but he did not turn up and appeared before the authority. [4.0] 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. Page 1 of 2 R/SCR.A/9967/2025 ORDER DATED: 21/07/2025 [5.0] In view of above and as the petitioner has once approached the Commissioner of Police, Surat by way of Annexure-A, present petition stands disposed of with direction to the respondent authority to look into the complaint at Annexure-A and after taking into consideration the complaint and other materials, if any, if the Police Inspector is of the view that the same discloses commission of a cognizable offence, then appropriate directions be issued for registration of the FIR forthwith at the concerned Police Station. However, the Police Inspector, if after going through the materials, is of the view that no case is made out for registration of the FIR, then in such circumstances, he shall inform the petitioner in writing about the same by assigning reasons in brief, preferably within a period of TWO WEEKS from today. If the petitioner is aggrieved by the said outcome, then the liberty is reserved in favor of the petitioner to file appropriate proceedings before appropriate forum. It is 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 21/07/2025 17:30:07