SONIA GOKANI, J.

1. Petitioner approaches this Court being aggrieved and dissatisfied by the refusal on part of the Police Inspector, Shahpur Police Station, Ahmedabad in taking cognizance of the complaint dated 02.03.2018 lodged by the petitioner. It is his grievance that the Officer concerned, instead of following the decision of Lalita Kumari vs. State of Uttar Pradesh and ors reported in, (2014) 2 SCC 1 has chosen to refuse the registration of an FIR and thereafter carried out investigation in serious offence alleged in the complaint.

2. Adverting to the facts in the instant case, Punjiben, widow of Shakraji Motiji, through the petitioner as power of attorney holder, had instituted Civil Suit No. 127 of 2018 in the Court of learned Principal Civil Judge, (Ahmedabad Rural) at Mirzapur, Ahmedabad. The same was taken against the three defendants viz. Jivatben Mangaji Thakor, Gabhaji Ghelaji Thakor and Babubhai Shakrabhai Thakor in praying for releasing specific performance of sale deed dated 24.06.2005 along with supplementary possession, agreement and, in the alternative, damages had been claimed from the defendants. It appears that on 03.08.2011, an application Exh 19 wa