R/SCR.A/10886/2025 ORDER DATED: 07/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 10886 of 2025 ========================================================== FSONS FROZEN FOOD PRIVATE LIMITED THROGUH JAYESHBHAI JAGDISHBHAI PATEL Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR JAYPRAKASH UMOT(3581) for the Applicant(s) No. 1 MR HARDIK MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 07/10/2025 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 21.04.2025 (Annexure-A). [2.0] Learned advocate for the petitioner has submitted that the petitioner has approached respondent authority by way of written complaint dated 21.04.2025, 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. [4.0] In view of above, no case is made out to exercise powers under Article 226 of the Consitution of India. Even otherwise, if any R/SCR.A/10886/2025 ORDER DATED: 07/10/2025 grievance does exsit then the petitioner shall have liberty to file appropriate proceeding and if any offence is made out then the concerned authority shall have to take appropriate action independently on its own merits considering the nature of allegations made in the complaint at Annexure-A. [5.0] With aforesaid direction, present petition is disposed of. 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 07/10/2025 17:53:57