JAYSHREEBEN RAMESHBHAI KAYASATH v. STATE OF GUJARAT & Anr.
Case at a glance
Outcome
Disposed of
0] With the above observation, present application stands disposed of
Provisions considered
Judgment
Operative part
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 10/07/2025 ORAL ORDER RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat. [1.0] By way of present petition, the petitioner prays for direction directing the Respondent authorities to lodge the FIR pursuant to the written complaint dated 11.06.2025 against the accused. [2.0] Learned advocate for the petitioner has submitted that the petitioner has approached respondent No.2 authority by way of written complaint dated 11.06.2025, but nothing has been done. [3.0] Perusing the nature of allegations and as the petitioner is intended 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] At this stage, it would be apposite to consider the 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 Imran Pratap Gadhi vs. State of Gujarat reported in 2025 SCC OnLine (SC) 678. [5.0] With the above observation, present application stands disposed of. However, the petitioner is at liberty to avail statutory remedy before R/SCR.A/9406/2025 ORDER DATED: 10/07/2025 appropriate forum under the provisions of the CrPC / BNSS and as per the law laid down in the case of M. Subramaniam (Supra). After taking into consideration the complaint and other materials, if any, if the Police Inspector 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. If any adverse outcome is there, the petitioner is at liberty to file appropriate proceedings before appropriate forum. It is hereby made clear that this Court has not examined the merits of the case. Direct service is permitted. SUCHIT (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: 0] With the above observation, present application stands disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973; Bharatiya Nagarik Suraksha Sanhita, 2023.
Which court decided this case, and when?
Gujarat High Court, on 10 Jul 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.