Gujarat High Court Case Information System
Print
SCR.A/1267/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1267 of 2011
=========================================
KALPESH
ROHITBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================
Appearance :
MR
MB RANA for
Applicant(s) : 1,
MR KP RAVAL, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
4.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 12/07/2011
ORAL
ORDER
1. By
way of the present Special Criminal Application under Article 226 of
the Constitution of India, petitioner has prayed for an appropriate
writ, direction or order directing the respondents authority to take
appropriate actions in respect of the written complaint filed by the
petitioner dated 11.04.2011 by considering the same as complaint
under the provisions of Section 154(3) of the Code of Criminal
Procedure, 1973 (hereinafter referred to as “CrPC”).
2. Having
heard Shri Rana, learned advocate appearing on behalf of the
petitioner and Shri K.P. Raval, learned Additional Public Prosecutor
appearing on behalf of respondent State, it appears that the main
grievance of the petitioner is non-registration of his complaint
dated 11.04.2011 as FIR under Section 154 of the CrPC and not
investigating the same by the concerned respondent police
authorities. As observed by the Hon’ble Supreme Court in the case of
Aleque Padamsee vs. Union of India reported
in (2006)7 SCC 171 as
well as in the case of Gangadhar Janardan Mhatre vs. State
of Maharashtra and Ors. reported
in (2004)7 SCC 768 as
well as decision of this Court in the case of Kanubhai
Shamjibhai Dayani & Anr. vs. State of Gujarat & Ors. reported
in 2007(3) GLR 2684,
in case of non-registration of the complaint by the concerned police
officers as FIR, a petition under Article 226 is not required to be
entertained, as the aggrieved party has a remedy by way of filing a
private complaint under Section 190 of the CrPC. Hence, the present
petition is not entertained. It will be open for the petitioner to
file a private complaint before the concerned Magistrate as provided
under Section 190 of the CrPC and as and when the same is made, same
shall be dealt with by the concerned Magistrate in accordance with
law and on merits.
3. With this,
present Special Criminal Application is disposed of.
(M.R.
Shah, J.)
*menon
Top