JUDGMENT :

V.M. Pancholi, J.

1. This petition is filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code'), wherein the petitioner has prayed that appropriate direction be issued to the respondent police authority to immediately register FIR on the basis of the complaint given by the petitioner on 27.07.2020, 17.09.2020 and 30.12.2020.

2. Heard Mr. R.R. Marshall, learned Senior Advocate assisted by Mr. Havewalla, learned advocate for the petitioner and Mr. L.B. Dabhi, learned Additional Public Prosecutor for the respondent-State.

3. Learned counsel appearing for the petitioner referred the averments made in the memo of the petition and thereafter contended that the petitioner has, from time to time, given written complaints to the concerned respondent police authority for registration of the FIR against the concerned proposed accused, however, till today, the respondent police authority has not given any reply to the said written complaints nor the said written complaint has been registered as FIR. Learned counsel for the petitioner, therefore, urged that an appropriate direction be issued to the concerned respondent police authority.

4. On the other hand, learned APP Mr. Dabhi has opposed this petition and submitted that if the petitioner is aggrieved by inaction on the part of the respondent police authority, it is always open for the petitioner to file private complaint before the concerned Magistrate Court and request for passing an order of investigation under Section 156(3) of the Code. Learned APP has placed reliance upon the order dated 17.12.2020 passed by the Coordinate Bench of this Court in Special Criminal Application No. 6760 of 2020. After referring to the same, it is submitted that the Coordinate Bench of this Court has considered the decision rendered by the Hon'ble Supreme Court and thereafter dismissed similar type of petition. Learned APP, therefore, urged that this petition may not be entertained.

5. I have considered the submissions canvassed by learned counsel appearing for the parties. I have also perused the material placed on record. This Court is of the view that issue involved in the present petition is squarely covered by the order dated 17.12.2020 passed by the Coordinate Bench of this Court in Special Criminal Application No. 6760 of 2020. In the said case, the Coordinate Bench of this Court has observed in para 3 to 7 as under:

"3. At this stage, it would be apposite to incorporate the observations made by the Apex Court in the case of M. Subramaniam v. S. Janki dated 20.03.2020 passed in Criminal Appeal No. 102 of 2011. The Apex Court has observed thus;-

"5. While it is not possible to accept the contention of the appellants on the question of locus standi, we are inclined to accept the contention that the High Court could not have directed the registration of an FIR with a direction to the police to investigate and file the final report in view of the judgment of this Court in Sakiri Vasu v. State of Uttar Pradesh and Others in which it has been inter alia held as under:

"11. In this connection we would like to state that if a person has a grievance that the police station is not registering his FIR under Section 154 of CrPC, then he can approach the Superintendent of Police under Section 154(3) CrPC by an application in writing. Even if that does not yield any satisfactory result in the sense that either the FIR is still not registered, or that even after registering it no proper investigation is held, it is open to the aggrieved person to file an application (2008) 2 SCC 409 under Section 156(3) CrPC before the learned Magistrate concerned. If such an application under Section 156(3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper investigation to be made, in a case where, according to the aggrieved person, no proper investigation was made. T