R/SCR.A/2246/2017 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 2246 of 2017 ========================================================== SAVITABEN MAHESHBHAI BALDANIYA....Applicant(s) Versus STATE OF GUJARAT 2....Respondent(s) ========================================================== Appearance: MR. KALRAV R PATEL, ADVOCATE for the Applicant(s) No. 1 BHAVESH C PATEL, ADVOCATE for the Applicant(s) No. 1 MS NISHA THAKORE, APP for the RESPONDENT(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 27/03/2017 ORAL ORDER
By this writ-application under Article 226 of the
Constitution of India, the applicant has a grievance to redress
as regards the inaction on the part of the police authority in
not registering the First Information Report pursuant to the
complaint lodged by her in writing dated 9th August 2016
addressed to the Police Commissioner, Surat city, for the
offence punishable under Sections 498A, 313, 315, 316, 120B,
504, 506(2) of the Indian Penal Code.
The Police Inspector, Punagam Police Station, Surat, is
directed to take into consideration the complaint filed by the
petitioner in writing (Annexure-A to this petition) and after
going through the same, take a decision, whether the same
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discloses commission of a cognizable offence or not. After
taking into consideration the complaint and other materials, if
any, 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, 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, within a period of four
weeks from today.
With the above observations and directions, this petition
is disposed of. I clarify that I have otherwise not gone into the
merits of the matter.
For any reason, if the police authorities refuse to register
the FIR, it shall be open for the petitioner to avail of the
remedy under Section 200 of the Code of Criminal Procedure.
Direct service is permitted.
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