R/SCR.A/14484/2025 ORDER DATED: 04/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 14484 of 2025 ========================================================== LAKHMAN ARJAN KANDHA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR PRATIK Y JASANI(5325) 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 [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 15.11.2023 against the accused. [2.0] Learned advocate for the petitioner has submitted that the petitioner has vehemently submitted before the authorities but no cognizance is taken by them and hence, he is constrained to approach this Court. [3.0] Perusing the written complaint of the petitioner at Annexure-A, it appears that, the police has wrongly ,led complaint of the petitioner. If police has ,led any such complaint, then rather to straightway approached this Court under Article 226 of the Constitution of India, it is expedient to ,le appropriate proceedings before appropriate forum in view of the observations made by the Apex Court in the case of M. Subramaniam vs. S. Janki reported in (2020)16 SCC 728. [4.0] While referring to the judgment of Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage & Ors. reported in (2016)6 SCC 277 and M. Subramaniam vs. S. Janki reported in (2020)16 SCC 728, it is observed that if the High Courts entertain such writ petitions seeking registration of FIR, then they will be 2ooded with such writ petitions and will not be able to do any other work, except dealing with them. It is speci,cally held that the R/SCR.A/14484/2025 ORDER DATED: 04/11/2025 complainant must avail of his alternate remedy to approach the Magistrate concerned under section 175(3) of the BNSS [section 156(3) of CrPC] and if he does so, the Magistrate will ensure, if prima facie he is satis,ed, registration of the FIR and also ensure a proper investigation in the matter. While approving the aforenoted view, the Supreme Court has set aside the direction of the High Court for registration of the FIR and has directed the respondent thereto to approach the court of Magistrate if deem appropriate and necessary. Thus, the law on the registration of FIR is well settled and has been reiterated in the recent judgment of the Supreme Court as noted herein above. [5.0] In the present case, the petitioner has not approached the concerned Magistrate and has directly approached this Court for the aforesaid prayer. [6.0] Under the circumstances and in light of the observations made by the Apex Court, the writ petition is rejected since the petitioner has the remedy to approach the concerned Magistrate under section 175(3) of the BNSS [section 156(3) of CrPC]. [7.0] It is noticed by this Court that various petitions seeking registration of FIR are being ,led before this Court directly without approaching the concerned Magistrate under Section 175(3) of the BNSS [section 156(3) of CrPC]. Such applications which are directly ,led are in direct con2ict with the observations of the Apex Court. The Apex Court has expressed its concern with regard to ,ling of such applications/petitions directly before the High Court since ,ling of such petitions/applications are an unnecessary burden. [8.0] With these observations, no case is made out to pass any direction. However, the petitioner is at liberty to ,le appropriate proceedings with better particulars before appropriate forum. It is hereby made clear that this Court has not examined the merits of the case. (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 14:33:04