NEUTRAL CITATION

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R/SPECIAL CRIMINAL APPLICATION NO. 10270 of 2021 ==========================================================

SOHINBHAI HUSENBHAI MOR Versus STATE OF GUJARAT ==========================================================

Appearance:

MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1 for the Respondent(s) No. 2,3 MR L B DABHI, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA Date : 04/04/2022

ORAL ORDER

1. By way of the present petition, the petitioner seeks appropriate direction to the respondent No.2 to register the complaint given by the petitioner and respondent No.3 to entrust the investigation of the matter to a senior officer above the rank of the Police Inspector.

2. The petitioner and proposed accused are residing in the same society and on 15.08.2021, a society association had called for committee for specifications regarding society management but committee refused to accept the same and at the time, one cameraman was recording the entire proceedings and upon restricting him by the petitioner, the proposed accused had intervened and beaten the petitioner by giving fists blows and due to that the petitioner sustained injury on right eye. At that time, proposed accused had also given threat to the petitioner to kill him if he intervenes in society issues and since the petitioner knows that the proposed accused is working as Traffic Worden and has intentionally attacked the petitioner and also given life threat. Thereafter, the petitioner called the police on 100 number and police van came there and the officers brought the proposed accused to the Police Station informing the petitioner to reach at Police Station to give complaint/application against the proposed accused. The petitioner went to the Police Station and given written application against the proposed accused. The proposed accused thereafter, had filed written complaint against the petitioner as a counter blast to the application filed by the petitioner.

3. Learned advocate for the petitioner has submitted that it was obligatory on the part of the respondent authorities to register the complaint against the proposed accused as named in the written complaint given by the petitioner on 15.08.2021. In support of his submission, he has placed reliance on the decisions of the Apex Court in the cases of Lalita Kumari Vs. state of Uttar Pradesh, (2014) 2 S.C.C. 1 and State of Telangana Vs. Habib Abdullah Jeelani, (2017) 2 S.C.C. 779.

4. 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;-

NEUTRAL CITATION

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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 ag

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