R/SCR.A/16514/2023 ORDER DATED: 13/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 16514 of 2023 ========================================================== NAGJIBHAI MOHANBHAI KESUR Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR KALRAV R PATEL(7041) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2,3 MR ROHAN RAVAL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 13/06/2025 ORAL ORDER [1.0] When the matter is called out, learned advocate for the petitioner is not present. [2.0] I have gone through the averments made in the petition by which direction for registration of complaint / FIR is made. [3.0] Perusing the record it appears, that the petitioner has directly approached this Court. The Hon’ble Supreme Court in the case of M. Subramaniam vs. S. Janki reported in (2020)16 SCC 728 wherein it has been pleased to observe as under: “Refusal by police to file FIR – remedies that complainant must first have recourse to, held, are to either file application under S.154(3) before SP of Police or under S.156(3) [section 175(3) of BNSS] before the competent Magistrate – writ petition cannot be the first recourse seeking direction from High Court for filing of FIR, unless the above remedies are first exhausted.” [4.0] In view of above, no case is made out to consider the present petition and is disposed of accordingly. It is made clear that this Court has not gone into the merits of the case. (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 13/06/2025 18:13:53