R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE v. STATE OF GUJARAT & Ors.

R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 2507 of 2025 ========================================================== CHAUDHARY LATTABEN RAMDULARE Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: BINNI B DESAI(9072) for the Applicant(s) No. 1 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 23/06/2025 ORAL ORDER [1.0] By way of present petition under Article 226 of the Constitution of India read with Section 173 of the BNSS, the petitioner has sought for the direction to the respondent authority to register an FIR pursuant to the written complaint dated 12.10.2024 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. [4.0] After taking into consideration the complaints and other materials, if any, if the respondent authority is of the view that the same discloses commission of a cognizable offence, then R/SCR.A/2507/2025 ORDER DATED: 23/06/2025 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. Ajay (HASMUKH D. SUTHAR, J.) Original copy of this order has been signed by the Hon'ble Judge.