R/SCR.A/12603/2025 ORDER DATED: 15/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 12603 of 2025 ========================================================== BRIJESH AJMALBHAI SOLANKI Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR FAIJAN. H. MEMON(14630) for the Applicant(s) No. 1 MR KRUTIK PARIKH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 15/09/2025 ORAL ORDER 1. By way of present petition under Article 226 of the Constitution of India read with section 528 of the BNSS, the petitioner has sought for the direction to the respondent police authorities to forthwith register the FIR / complaint as the written complaint at Annexure-B discloses cognizable offence. 2. Having heard learned advocate for the petitioner and learned APP for the respondent – State of Gujarat and perusing the record, prima facie it appears to this Court that no offence is made out. Even, the petitioner has straightway approached this rather than availing appropriate remedy 3. In view of the above, no case is made out to issue any direction in the present petition. Hence, in view of the decision of the Hon’ble Superme 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 Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhage & Others reported in (2016)6 SCC 277, no case is made out to exercise powers under Article 226 of the Constitution of India. R/SCR.A/12603/2025 ORDER DATED: 15/09/2025 4. In wake of aforesaid discussion, present petition stands dismissed. However, it is kept open for the petitioner to avail appropriate remedy if he is dissatisfied with any action on the part of the police authority rather than straightway approaching this Court. It is clarified that this Court has not gone into the merits of the matter. 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 15/09/2025 17:51:42