SANDHYABEN KESARIPRASAD MISHRA v. STATE OF GUJARAT
SCR.A/7114/2025 · 2025-06-25
Hasmukh D Suthar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8471 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8471 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
R/SCR.A/7114/2025 ORDER DATED: 25/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 7114 of 2025 ========================================================== SANDHYABEN KESARIPRASAD MISHRA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR JALPESH A MODI(10961) for the Applicant(s) No. 1 MR MANAN MAHETA, APP for the Respondent(s) No. 1 ==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 25/06/2025 ORAL ORDER [1.0] By way of present petition under Article 226 of the Constitution of India, the petitioner has sought for the direction to the respondent authority to register an FIR pursuant to the complaint dated 11.02.2025 addressed to the respondent No.2. [2.0] Learned advocate for the petitioner has submitted that the petitioner has approached respondent authority by way of written complaint, but nothing has been done. [3.0] Perusing the nature of allegations and as the petitioner intends to file a complaint, prima facie, it appears that as to whether offence is made out or not itself is a question of fact and hence, no case to issue any direction in exercise of power under Article 226 is made out. [4.0] Hence, present petition is disposed of however, after taking into consideration the complaints and other materials, if
R/SCR.A/7114/2025 ORDER DATED: 25/06/2025 any, if the respondent authority is of the view that the same discloses commission of a cognizable offence, then appropriate directions be issued for registration of the FIR forthwith at the concerned Police Station. However, the Police Inspector, if after going through the materials, is of the view that no case is made out for registration of the FIR, then in such circumstances, he shall inform the petitioner in writing about the same by assigning reasons in brief, preferably within a period of four weeks from today. [6.0] With the above observation, present petition stands
disposed of.
(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 25/06/2025 18:45:47