R/SCR.A/10664/2025 ORDER DATED: 31/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 10664 of 2025 ========================================================== SAMSUDDINMIYA YASINMIYA MALEK Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR SHAILESH C SHARMA(3450) for the Applicant(s) No. 1 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 31/07/2025 ORAL ORDER 1. Heard Mr. Shailesh Sharma, learned counsel for the petitioner and Ms.Shruti Pathak, ld. APP for the respondent State. 2. From the record, it appears that, grievance of the petitioner is with regard to non-execution of decree passed on 25.09.2024 in Regular Civil Suit No.101/2017 by learned Civil Court, Vasu, in Regular Civil Suit No.101/2017 and for that, the petitioner has submitted representation before the District Superintendent of Police for registration of FIR against the accused persons. As per the say of the petitioner, till date no any complaint is registered nor any steps to execute the decree passed in the subject matter. 3. It is worth to mention that dispute is civil in nature and if any offence is registered, then the police authority has to take its own recourse and therefore, question does not arise to pass any order or direction to execute the decree passed by Civil Court as no cognizable offence is disclosed. Even otherwise, the petitioner has straightway approached this Court under Article 226 of the Constitution of India. However, the petitioner is at liberty to avail statutory remedy before appropriate forum under the provisions of R/SCR.A/10664/2025 ORDER DATED: 31/07/2025 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 . Hence, question does not arise to issue any direction. 4. In view of the above, 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 31/07/2025 18:23:20