Gujarat High Court

SCR.A/11680/2025 of NEW CHAMPAKALI CO.OPERATIVE HOUSING SOCIETY LTD. THRO MAGANBHAI CHELABHAI CHAVDA Vs STATE OF GUJARAT on 25 August 2025

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25/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 11680 of 2025 ================================================================ NEW CHAMPAKALI CO.OPERATIVE HOUSING SOCIETY LTD. THRO MAGANBHAI CHELABHAI CHAVDA Versus

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGEFIR/COMPLAINT) NO. 11680 of 2025

================================================================NEW CHAMPAKALI CO.OPERATIVE HOUSING SOCIETY LTD. THROMAGANBHAI CHELABHAI CHAVDA Versus STATE OF GUJARAT & ORS.

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Appearance:MR SMIT D PATEL(11531) for the Applicant(s) No. 1MR HARDIK MEHTA, APP for the Respondent(s) No. 1

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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

Date : 25/08/2025

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ORAL ORDER

1. RULE. Learned Additional Public Prosecutor waivesservice of rule on behalf of respondent No.1 – State.

2. The present petition is filed for the following relief:- “B.Be pleased to issue an appropriate writ, order ordirection including a writ in the nature ofmandamus, thereby directing the policeauthorities to register First Information Reportunder Section 173 of Bhartiya Nagrik SurakshaSanhita, 2023 in view of the representationspreferred by the petitioner dated 28/11/2024,19/12/2024 and 07/05/2025 in the interest ofjustice.”direction including a writ in the nature ofmandamus, thereby directing the policeauthorities to register First Information Reportunder Section 173 of Bhartiya Nagrik SurakshaSanhita, 2023 in view of the representationspreferred by the petitioner dated 28/11/2024,19/12/2024 and 07/05/2025 in the interest ofjustice.”

Learned Advocate for the petitioner submitted that despite the aforesaid representations made to respondent No.2-Police Inspector, nothing is done so far.

4. In view of the aforesaid, Police Inspector, SabarmatiPolice Station, Ahmedabad, is directed to take into considerationthe representations filed by the petitioner in writing (Annexure-Acolly to this petition) and after going through the same, take adecision, whether the same disclose commission of a cognizableoffence or not. The Police authority shall follow the directionsissued by Hon’ble Apex Court in the case of Lalita Kumari V/s.Government of Uttar Pradesh and others reported in (2014) 2SCC 1 as well as in the case of State of Telangana V/s. HabibAbdullah Jeelani and others reported in (2017) 2 SCC 779.After taking into consideration the complaint and other materials, ifany, the Police Inspector is of the view that the same disclosescommission of a cognizable offence, then appropriate directions beissued for registration of the FIR forthwith at the concerned PoliceStation. However, the Police Inspector, after going through thematerials, is of the view that no case is made out for registration ofthe FIR, then in such circumstances, he shall inform the petitionerin writing about the same by assigning reasons in brief, preferablywithin a period of four weeks from today.

5. It is needless to say that this Court has not opinedabout commission of alleged offences and, therefore, it would be open for the suspects or those persons, who may be made anaccused in the FIR, to file an application u/s.482 or Section 483 ofthe Bharatiya Nagarik Suraksha Sanhita, 2023 or to fileappropriate proceedings before appropriate Court including anapplication u/s.528 of the Bharatiya Nagarik Suraksha Sanhita,2023 and/ or any petition under Article 226 of the Constitution ofIndia.

6. With the above observations and directions, thispetition is disposed of. It is clarified that that the Court has notgone into the merits of the matter.

7. For any reason, if the police authorities refuse toregister the FIR, it shall be open for the petitioner to avail of theremedy under Section 223 of the Bharatiya Nagarik SurakshaSanhita, 2023.

8. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

SHITOLE

(A.Y. KOGJE, J)

Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MANISH PARSHURAM SHITOLE(HC00188), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 25/08/2025 16:46:14Digitally signed by: MANISH PARSHURAM SHITOLE(HC00188), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 25/08/2025 16:46:14

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