The High Court should not entertain writ petitions for the registration of an FIR as a forum of first instance; petitioners must first exhaust sequential statutory remedies, such as approaching the jurisdictional police head and the magistrate, even in cases of custodial death.

JUDGMENT :

D.N. Ray, J.

1. Heard Mr.Robin Bhatt, learned advcoate for Mr. Musaib I. Shaikh, learned advocate for the petitioner and Mr. Hardik Dave, learned Public Prosecutor assisted by Ms. Maithili Mehta, learned Additional Public Prosecution for the respondent – State. Considering the urgency in the matter, the petitioner was heard finally at the admission stage with the consent of the parties.

OUTLINE OF THE PETITION:-

2. The present petition has been preferred by the petitioner under Article 226 of the Constitution of India, seeking issuance of appropriate directions from this Court for registration of an FIR and for conducting a fair, impartial and independent investigation in relation to the alleged custodial assault and custodial death of the petitioner’s father, namely late Mr. Jairuddin Gyasuddin Shaikh.

FACTUAL MATRIX

3. The allegations facts germane to the controversy involved are briefly set out below:

3.1 On 18.05.2026, the deceased, namely Jairuddin Gyasuddin Shaikh, came to be arrested at about 16:30 hours in connection with the offence registered vide C.R. No. 11191028260200/26 with Vejalpur Police Station for the offences punishable under the provisions of the Bharatiya Nyaya Sanhita (BNS), the Gujarat Animal Preservation Act, 1954 and the Prevention of Cruelty to Animals Act, 1960.

3.2 It is the case of the petitioner that during the period when the deceased was in police custody and/or present within the premises of the concerned police station on 18.05.2026, he was allegedly subjected to physical assault and administered certain unidentified substances. On 19.05.2026, at approximately 12:40 hours, the deceased was taken to Sola Civil Hospital, Ahmedabad for medical treatment. However, owing to the non-availability of a bed in the ICCU/MICU as well as the casualty ward of the said hospital, the attending medical officer advised the relatives of the deceased to shift him to another medical institution. Accordingly, the deceased was referred to Asarwa Civil Hospital, Ahmedabad and was shifted there at about 01:46 hours.

3.3 Thereafter, at about 10:28 hours, the deceased was admitted to Sardar Vallabhbhai Patel Institute of Medical Sciences and Research (SVP Hospital), Ahmedabad, where medico-legal case papers came to be prepared. That after administration of treatment and conducting certain medical tests, the deceased collapsed at about 11:54 hours and was declared dead by the attending doctors at SVP Hospital. Subsequently, an Accidental Death case being A.D. No.18 of 2026 came to be registered at about 18:30 hours.

3.4 On 20.05.2026, since the deceased had expired while in custody, the Officer-in-Charge and Police Inspector of Vejalpur Police Station informed the Sub-Divisional Magistrate, West Zone, Ahmedabad for conducting the inquest proceedings over the dead body of the deceased. Pursuant thereto, an Inquest Panchnama was conducted by the SDM-cum-Deputy Collector, Ahmedabad City (West) between 16:05 hours and 16:40 hours, which proceedings were also video-graphed. On the same day, the Police Inspector, Vejalpur Police Station, informed the learned Chief Judicial Magistrate, Ahmedabad Rural, Mirzapur regarding the death of the deceased while in custody.

3.5 It is the case of the petitioner that the medico-legal case papers record that the incident had occurred at Vejalpur Police Station and also contain an endorsement stating “Ask for Postmortem”. According to the petitioner, the said material disclosed commission of a cognizable o