R/SCR.A/14385/2025 ORDER DATED: 03/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 14385 of 2025 ========================================================== RAPOLU RAJESH BHADREYA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR MANAN A SHAH(5412) for the Applicant(s) No. 1 NIDHI MANAN SHAH(9033) for the Applicant(s) No. 1 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 03/11/2025 ORAL ORDER 1. The present petition has been filed by the petitioner seeking a direction to the respondent authority to register an FIR on the basis of the petitioner’s written complaint. 2. Heard learned advocates for the respective parties. 3. It appears that pursuant to the written complaint (Annexure-A) addressed to the Police Commissioner, Surat, after due inquiry, the Investigating Officer came to the conclusion that no offence is made out and that the dispute is civil in nature. However, learned advocate for the petitioner has raised a grievance that the observations made by the Investigating Officer are contrary to the averments made in the complaint and against the settled principles of law, as prima facie it appears that an offence is committed. 4. Be that as it may, since the police have already investigated the matter and, after examining the complaint given by the petitioner, have come to the conclusion that no offence is R/SCR.A/14385/2025 ORDER DATED: 03/11/2025 made out, as per the scheme of the Bharatiya Nagarik Suraksha Sanhita (BNSS), a special mechanism is provided to address any grievance against the outcome of such investigation or the decision of the police authority. Therefore, the appropriate remedy for the petitioner is to file suitable proceedings before the competent jurisdictional court rather than approaching this Court directly under Article 226 of the Constitution of India. 5. Considering the fact that the petitioner has directly approached this Court despite an alternative statutory remedy being available under the BNSS, and in view of the decisions of the Hon’ble Supreme Court in the cases of Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhage & Others, reported in (2016) 6 SCC 277, and M. Subramaniam vs. S. Janki, reported in (2020) 16 SCC 728, no case is made out to issue any direction as prayed for. Liberty is reserved in favour of the petitioner to approach the appropriate forum, in accordance with law and the concerned jurisdictional court is directed to decide the same independently on it own merits without being influenced by the order of this Court. 6. With the above observations and directions, the petition stands disposed of. It is clarified that this Court has not gone into the merits of the case. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 03/11/2025 15:02:49