R/SCR.A/11680/2025 ORDER DATED: 25/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 11680 of 2025 ================================================================ NEW CHAMPAKALI CO.OPERATIVE HOUSING SOCIETY LTD. THRO MAGANBHAI CHELABHAI CHAVDA Versus STATE OF GUJARAT & ORS. ================================================================ Appearance: MR SMIT D PATEL(11531) for the Applicant(s) No. 1 MR HARDIK MEHTA, APP for the Respondent(s) No. 1 ================================================================ CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE Date : 25/08/2025 ORAL ORDER 1. RULE. Learned Additional Public Prosecutor waives service of rule on behalf of respondent No.1 – State. 2. The present petition is filed for the following relief:- “B. Be pleased to issue an appropriate writ, order or direction including a writ in the nature of mandamus, thereby directing the police authorities to register First Information Report under Section 173 of Bhartiya Nagrik Suraksha Sanhita, 2023 in view of the representations preferred by the petitioner dated 28/11/2024, 19/12/2024 and 07/05/2025 in the interest of justice.” 3. Learned Advocate for the petitioner submitted that R/SCR.A/11680/2025 ORDER DATED: 25/08/2025 despite the aforesaid representations made to respondent No.2- Police Inspector, nothing is done so far. 4. In view of the aforesaid, Police Inspector, Sabarmati Police Station, Ahmedabad, is directed to take into consideration the representations filed by the petitioner in writing (Annexure-A colly to this petition) and after going through the same, take a decision, whether the same disclose commission of a cognizable offence or not. The Police authority shall follow the directions issued by Hon’ble Apex Court in the case of Lalita Kumari V/s. Government of Uttar Pradesh and others reported in (2014) 2 SCC 1 as well as in the case of State of Telangana V/s. Habib Abdullah Jeelani and others reported in (2017) 2 SCC 779. After taking into consideration the complaint and other materials, if any, 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, 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 four weeks from today. 5. It is needless to say that this Court has not opined about commission of alleged offences and, therefore, it would be R/SCR.A/11680/2025 ORDER DATED: 25/08/2025 open for the suspects or those persons, who may be made an accused in the FIR, to file an application u/s.482 or Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 or to file appropriate proceedings before appropriate Court including an application u/s.528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and/ or any petition under Article 226 of the Constitution of India. 6. With the above observations and directions, this petition is disposed of. It is clarified that that the Court has not gone into the merits of the matter. 7. For any reason, if the police authorities refuse to register the FIR, it shall be open for the petitioner to avail of the remedy under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 8. Rule is made absolute to the aforesaid extent. Direct service is permitted. (A.Y. KOGJE, J) SHITOLE Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MANISH PARSHURAM SHITOLE(HC00188), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 25/08/2025 16:46:14