R/SCR.A/11599/2025 ORDER DATED: 13/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 11599 of 2025 ========================================================== KHUTEJHABIBI D/O AHMAD MAHMMAD FAJAL W/O IMAMKHAN HUSSAINKHAN PATHAN THRO POA FIROZKHAN Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: VATSAL S PARIKH(7452) for the Applicant(s) No. 1 MS VRUNDA SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 13/10/2025 ORAL ORDER [1.0] By way of present petition under Article 226 of the Constitution of India read with the provisions of the BNSS, the petitioner prays for direction directing the Respondent authorities to lodge the FIR pursuant to the written information produced at Annexure-A to the petition. [2.0] Learned advocate for the petitioner has submitted that the petitioner has approached respondent authority by way of written information produced at Annexure-A to the petition, 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 R/SCR.A/11599/2025 ORDER DATED: 13/10/2025 Gadhi vs. State of Gujarat reported in 2025 SCC OnLine (SC) 678. [4.0] In view of above, present petition stands disposed of with direction to the respondent authority to look into the written information produced at Annexure-A to the petition and inform the petitioner in writing about the outcome of the same by assigning reasons in brief, preferably within a period of four weeks from today. Liberty is reserved in favor of the petitioner to file appropriate proceeding if dissatisfied with the outcome of written information at Annexure-A. 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 13/10/2025 18:28:53