Extracted from the PDF above. The PDF is authoritative.
R/SCR.A/11733/2025 ORDER DATED: 26/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 11733 of 2025 ========================================================== DINESHBHAI SHANKERBHAI PATEL Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR VK JOSHI(2329) for the Applicant(s) No. 1 MR MANAN MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 26/09/2025 ORAL ORDER
1. Heard learned advocates for the respective parties.
2. The present petition has been filed by the petitioner seeking a direction to the police authority to registered the FIR in connection with the complaints dated 1.5.2025 and 25.04.2025.
3. The grievance of the petitioner is that he had approached the Anandnagar Police Station with a complaint (Annexure-A). However, before any investigation could be carried out, the complaint came to be closed.
4. In view of the above, once a complaint has been investigated, the remedy available is different, and the petitioner ought not to have directly approached this Court by way of filing the present application under Article 226 of the Constitution of India. If the applicant disagrees with investigation, he may file appropriate proceedings before the appropriate forum.
5. In view of the above and in light of the law laid down by the
R/SCR.A/11733/2025 ORDER DATED: 26/09/2025 Hon’ble Apex Court in M. Subramaniam vs. S. Janki, reported in (2020) 16 SCC 728, no case is made out for passing any order. Hence, the petition is accordingly dismissed. However, the applicant is at liberty to file appropriate proceedings before the competent forum to question whether the jurisdiction has been properly exercised in coming to the conclusion of closing the complaint.
(HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 26/09/2025 15:18:04