R/SCR.A/12761/2025 ORDER DATED: 18/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 12761 of 2025 ========================================================== RAVAL HEMANTKUMAR SHIVSHANKAR Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR JIGNESHKUMAR M NAYAK(8558) for the Applicant(s) No. 1 MR ADITYA JADEJA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 18/09/2025 ORAL ORDER [1.0] By way of present petition under Article 226 of the Constitution of India read with Section 528 of the BNSS, the petitioner prays for direction directing the Respondent authorities to lodge the FIR pursuant to the written complaint dated 31.03.2025 at Annexure-A against the accused. [2.0] Learned advocate for the petitioner has submitted that the petitioner has approached respondent authority by way of written complaint dated 31.03.2025, but nothing has been done. [3.0] Perusing the nature of allegations and as the petitioner is intended to file a complaint, prima facie, it appears that as to whether offence is made out or not itself is a question of fact. 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. R/SCR.A/12761/2025 ORDER DATED: 18/09/2025 [4.0] In view of above, present petition stands disposed of with direction to the respondent authority to look into the complaint at Annexure-A and inform the petitioner in writing about the same by assigning reasons in brief, preferably within a period of four weeks from today. If any adverse outcome is there, petitioner shall have liberty to avail appropriate remedy before appropriate forum. It is hereby 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 18/09/2025 18:36:29