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2025 DAILYLAW 8293 (GUJ)

VIPULBHAI BIPINBHAI GOVINDBHAI PATEL v. STATE OF GUJARAT

SCR.A/8211/2025 · 2025-11-03

Hasmukh D Suthar

body2025

Judgment text

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R/SCR.A/8211/2025 ORDER DATED: 03/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 8211 of 2025 With CRIMINAL MISC.APPLICATION (FOR JOINING PARTY) NO. 1 of 2025 In R/SPECIAL CRIMINAL APPLICATION NO. 8211 of 2025 ============================================ VIPULBHAI BIPINBHAI GOVINDBHAI PATEL Versus STATE OF GUJARAT & ORS. ============================================ Appearance: MR TEJAS P SATTA(3149) 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 ORDER IN SPECIAL CRIMINAL APPLICATION NO.8211 OF 2025 1) By way of present petition, the petitioner prays for direction directing the Respondent authorities to lodge the FIR pursuant to the written complaints dated 25.09.2023, 16.05.2024, 19.05.2024, 02.07.2024 and 13.05.2025 against the accused. 2) Heard learned advocate for the petitioner and learned APP for the respondent – State. 3) The grievance of the petitioner is that though pendency of civil proceedings the respondent authority did not pay heed to the complaints of the petitioner and the petitioner is forcefully victimized. At this stage, it would be apposite to consider the R/SCR.A/8211/2025 ORDER DATED: 03/11/2025 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 Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage & Ors. reported in (2016)6 SCC 277. 4) In view of above, present petition stands disposed of with direction to the respondent authority to look into the complaint at Annexure - A on its own merits and inform the petitioner in writing about the same by assigning reasons in brief, preferably within a period of two weeks from today. 5) If there is any adverse outcome then the petitioner is at liberty to file appropriate proceeding. It is hereby made clear that this Court has not examined the merits of the case. Direct service is permitted. ORDER IN CRIMINAL MISC. APPLICATION NO.1 OF 2025 So far the interim application for joining party filed through Power of Attorney is concerned, considering the above direction as well as locus of the proposed respondent no order is required to be passed. Accordingly, the Criminal Misc. Application No.1 of 2025, stands disposed of. (HASMUKH D. SUTHAR,J) ANKIT JANSARI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 03/11/2025 16:54:14