RAKSHA PRABODHBHAI SHAH & Anr. v. STATE OF GUJARAT & Ors.
Case at a glance
Outcome
Disposed of
With above direction, petition is disposed of
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 55. With above direction, petition is disposed of. It is clarified that this Court has not gone into the merits of the matter. Direct service is permitted. Ajay (HASMUKH D. SUTHAR, J.) Original copy of this order has been signed by the Hon'ble Judge.
Judgment
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 22.12.2024 made by the petitioner.
Learned advocate for the petitioner has submitted that the petitioner has vehemently submitted before the respondent authorities but no cognizance is taken and hence, the petitioner is constrained to approach this Court. He has submitted that the petitioner has already made a complaint dated 22.12.2024 with regard to the registration of the FIR, but nothing has been done.
The Hon’ble Superme Court in the case of Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhage & Others reported in (2016)6 SCC 277 observed that if the High Courts entertain such writ petitions seeking registration of FIR, then they will be flooded with such writ petitions and will not be able to do any other work, except dealing with them.
The respondent Authorities are directed to take into consideration R/SCR.A/3628/2025 ORDER DATED: 25/06/2025 the complaints filed by the petitioner in writing (Annexure-A to this petition) and after going through the same, take a decision, whether the same discloses commission of a cognizable offence or not. Police authority shall follow the directions issued by Hon’ble Apex Court in the case of Lalita Kumari V/s. Government of Uttar Pradesh and others reported in (2014) 2 SCC 1 as well as in the case of State of Telangana V/s. Habib Abdullah Jeelani and others reported in (2017) 2 SCC 779. After taking into consideration the complaint and other materials, if any, if the Police 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 Authority, 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.
Operative part
With above direction, petition is disposed of. It is clarified that this Court has not gone into the merits of the matter. Direct service is permitted. Ajay (HASMUKH D. SUTHAR, J.) Original copy of this order has been signed by the Hon'ble Judge.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With above direction, petition is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Which court decided this case, and when?
Gujarat High Court, on 25 Jun 2025. The bench was HASMUKH D SUTHAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.