R/SCR.A/14494/2025 ORDER DATED: 04/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 14494 of 2025 ========================================================== PRABHURAM HARIKISHAN RAM Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR MEHUL M MEHTA(3416) for the Applicant(s) No. 1 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 04/11/2025 ORAL ORDER RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat. [1.0] By way of present petition, the petitioner prays for direction directing the respondent authorities to lodge the FIR pursuant to the written complaint dated 12.10.2025 against the accused. [2.0] Learned advocate for the petitioner has submitted that the petitioner has approached respondent No.2 Vatva Police Station by way of written complaint dated 12.10.2025, but nothing has been done. It is also submitted that, though earlier complaint was .led, but the petitioner does not know Gujarati language and still not redressed the grievance of the petitioner. [3.0] Ld. APP has opposed the present petition and submitted that, earlier two complaints were .led on the same ground and they were .led under the pretext of settlement. It is also submitted that, matrimonial dispute arose between the parties and one proceeding came to be .led before the Family Court. Page 1 of 2 R/SCR.A/14494/2025 ORDER DATED: 04/11/2025 [4.0] Perusing the complaint, it appears that crux of the matter is that alleged incident took place on 05.09.2025. Family dispute arose between the parties and in earlier statement also, it was also asserted that alleged incident took place 05.09.2025. Therefore, considering the dispute going on between the parties before family Court, application came to be .led at the relevant point of time. [5.0] Considering the nature of allegations, once police has .led a complaint, then it is expedient to direct the petitioner to .le appropriate proceedings before appropriate forum rather straightaway .led present petition before this Court under Article 226 of the Constitution of India. [6.0] With the above observation, present petition stands disposed of. However, the petitioner is at liberty to avail statutory remedy before appropriate forum under the provisions of the CrPC / BNSS and as per the law laid down in the case of M. Subramaniam vs. S. Janki reported in (2020)16 SCC 728 . It is hereby made clear that this Court has not examined the merits of the case. Direct service is permitted. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 04/11/2025 14:32:28