Jethyabhai Gamit vs State of Gujrat and Others

M.R. Shah, J.—Draft amendment is allowed.

The present petition under Article 226 of the Constitution of India, has been preferred by the Petitioner - original complainant for an appropriate writ, order and/or direction, directing Respondent Nos. 2 & 3 to immediately register the F.I.R. on the basis of the complaint given by the Petitioner dated 11/10/2010 and to investigate the same.

Mr. P.M. Thakkar, learned Senior Counsel appearing for Mr. Prajapati, learned advocate appearing on behalf of the Petitioner has submitted that despite the complaint made by the Petitioner dated 11/10/2010 as well as 1/11/2010 disclosing cognizable offence of serious nature against the named accused persons, still the said complaint is not registered as F.I.R. u/s 154 of the Code of Criminal Procedure and there is no further investigation by the concerned Police Officer of Songadh Police Station, District: Tapi.

Having heard Mr. P.M. Thakkar, learned Senior Counsel appearing on behalf of the Petitioner and Mr. L.R. Pujari, learned advocate appearing on behalf of the Respondents and considering the allegations and averments made in the complaint given by the Petitioner dated 11/10/2010 and considering the provisions of Section 154 of the Code of Criminal Procedure, it appears to the Court that if at this stage District Superintendent of Police, Tapi is directed to look into the same and to consider the complaint submitted by the Petitioner dated 11/10/2010, which is at Annexure "A" to the petition, in exercise of power u/s 154(3) of the Code of Criminal Procedure and if he satisfied, may issue appropriate direction to the concerned Police Officer of Songadh Police Station, District: Tapi to register the complaint as F.I.R. and to investigate the same, it will meet the ends of justice at this stage.

In view of the above, the present petition is disposed of by directing District Superintendent of Police, District: Tapi to look into the averments and allegations made by the Petitioner in the complaint dated 11/10/2010 as well as complaint / representation dated 1/11/2010 (Annexure "G" to the petition) and to issue appropriate direction to the concerned Police Officer of Songadh Police Station, in case, District Superintendent of Police, Tapi is satisfied that the complaint disclosed cognizable offences, which are further required to be investigated, may issue necessary direction directing the concerned Police Officer of Songadh Police Station to register the complaint as F.I.R. u/s 154 of the Code of Criminal Procedure and to investigate the same in accordance with law and on merits. The aforesaid exercise shall be completed within a period of two months from today. If for any reason, the Petitioner is not satisfied, it will be open for the Petitioner to initiate appropriate proceedings under the provisions of the Code of Criminal Procedure inclusive of to file private complaint u/s 190 of the Code of Criminal Procedure, which shall be dealt with and considered in accordance with law and on merits.

With this, the present petition is disposed of.

Direct service is permitted.