JUDGMENT :

V.M. Pancholi, J.

1. In this petition, which is filed under Article 226 of the Constitution of India, the petitioner has prayed that the respondent - Police authority be directed to register an FIR as per the written complaint dated 13.10.2021 given by the petitioner.

2. Heard learned advocate, Ms. Shivangi Vyas appearing for the petitioner and learned APP Mr. Dabhi for the respondent - State of Gujarat.

3. Learned advocate for the petitioner has referred to the averments made in the memo of petition and, thereafter, referred to the documents, which are annexed with the petition and, thereafter, it is contended that for the incident which had taken place on 07.10.2021, the petitioner has given written complaint on 13.10.2021 against the concerned Police authority before the respondent no.3 - Police Inspector, Kodinar Police Station, however, the respondent no. 3 has not registered the said written complaint as FIR and, therefore, the present petition is filed. Learned advocate has also pointed out that the cousin of the petitioner has also given written complaint on 06.10.2021 before the PI, Kodinar Police Station, copy of which is produced on record at Page No. 16 of the compilation. Learned advocate has, therefore, urged that appropriate direction be issued to the respondent - Police Authority for registration of the FIR.

4. Learned APP has opposed this petition. He has placed reliance upon the order dated 17.12.2020 passed by this Court in Special Criminal Application No. 6760/2020. It is submitted that as per the said order, the petition is having alternative remedy of filing private complaint before the concerned Magistrate Court.

5. Having heard learned advocates appearing for the parties and having gone through the material placed on record, it has emerged that the petitioner has submitted written complaint dated 13.10.2021 before the Police Inspector, Kodinar Police Station and same has not been registered as FIR by the respondent no. 3.

6. This Court has considered similar issue while deciding Special Criminal Application No. 6760/2020 as per order dated 17.12.2020, wherein this Court has observed in Para Nos. 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 Cr.P.C., then he can approach the Superintendent of Police under Section 154(3) Cr.P.C. 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) Cr.P.C. 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. The Magistrate can also under the same provision monitor the investigation to ensure a proper investigation.

12. Thus in Mohd. Yousuf v. Afaq Jahan this Court observed: (SCC p. 631, para 11)

"11. The clear position therefore is that any Judicial Magistrate, before taking cognizance of the offence, can order