Salimbhai Mohammedbhai Vohra Legal Heir of Deceased v. State of Gujarat
2017-09-04
A.J.DESAI
body2017
DigiLaw.ai
ORDER : A.J. DESAI, J. 1. Leave to correct the District. 2. Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent No. 1 - State. 3. 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 him in writing dated 17.6.2017 addressed to the Police Inspector, Umreth Police Station, District Anand, for the offence punishable under Sections 406, 420, 467, 468, 471, 120B read with Section 114 of the Indian Penal Code. 4. The Police Inspector, Umreth Police Station, Dist. Anand 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 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 vs. Government of Uttar Pradesh, (2014) 2 SCC 1 as well as in the case of State of Telangana vs. Habib Abdullah Jeelani, (2017) 2 SCC 779 . 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, preferably within a period of four weeks from today. 5. 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. 6. 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. 7. Direct service is permitted.