Research › Search › Judgment

High Court of Gujarat · body

2025 DAILYLAW 8912 (GUJ)

SHARAD SAHU v. STATE OF GUJARAT

SCR.A/11451/2025 · 2025-08-19

Hasmukh D Suthar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

R/SCR.A/11451/2025 ORDER DATED: 19/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 11451 of 2025 ========================================================== SHARAD SAHU Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR ANKIT Y BACHANI(5424) for the Applicant(s) No. 1 MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 19/08/2025 ORAL ORDER By way of present petition under Article 226 of the Constitution of India read with Section 528 of the BNSS, the petitioner has prayed for the following relief: “YOUR LORDSHIP be pleased for issuance of writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus, directing the respondent no.2 & 3 to lodge cognizable complaint against all the accused involved, as per the applications dated 5.8.2025 and 3.8.2025, and for conducting thorough and fair investigation into the matter, and thereby, take all necessary and requisite steps against the accused persons in accordance with law and in the interest of justice;” Perusing the record, it appears that the dispute is an inter se dispute between the society and members of society as regards dues. If the petitioner is having any dispute with the society, he may ventilate the grievance by resorting to civil remedy as, merely because electric connection is disconnected is not a ground to issue any direction for registration of a criminal complaint and even otherwise in absence of any cognizable o昀昀ence, no case is made out to issue any direction in exercise of R/SCR.A/11451/2025 ORDER DATED: 19/08/2025 powers under Article 226 of the Constitution of India. In view of above, present petition stands dismissed. However, if the petitioner is having any grievance he may 昀椀le appropriate proceeding before appropriate forum. It is made clear that this Court has not examined the merits of the case. (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 19/08/2025 18:07:58