R/SCR.A/11712/2025 ORDER DATED: 26/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 11712 of 2025 ========================================================== MAHESHBHAI GOVINDBHAI RATHOD Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR NIRAV C SANGHAVI(5950) for the Applicant(s) No. 1 MR MANAN MEHTA, APP the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 26/09/2025 ORAL ORDER 1. The present petition has been filed by the petitioner seeking a direction to the respondent authority to take appropriate steps pursuant to the written complaint at (Annexure-A) made by the petitioner and, upon investigation, to register an FIR. 2. Heard learned advocates for the respective parties. 3. It appears that the petitioner has straightway approached this Court. This Court is of the view that prima facie no offence is made out. However, (Annexure-D) suggests that the petitioner has approached the learned JMFC under Section 156(3) of the Cr.P.C. 4. Learned advocate for the petitioner has fairly submitted that although an appropriate application is ready, the petitioner has not yet filed the same before the concerned jurisdictional Court. R/SCR.A/11712/2025 ORDER DATED: 26/09/2025 5. It is needless to state that this is not a fit case to exercise the extraordinary jurisdiction under Article 226 of the Constitution of India. Therefore, in view of the law laid down by the Hon’ble Apex Court in M. Subramaniam vs. S. Janki, reported in (2020) 16 SCC 728 and Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhage & Others reported in (2016)6 SCC 277 no case is made out for passing any order. Hence, the petition is accordingly dismissed. (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 15:19:50