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2025 Supreme(Online)(Guj) 8961

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D. SUTHAR, J
NIRMALABEN W/O. JAYANTIBHAI SOLANKI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MR MOHSIN I SHAIKH
For the Respondents: MR ROHAN RAVAL, APP

ORAL ORDER

RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat.

[1.0] By way of present petition, the petitioner prays for direction directing the Respondent authorities to lodge the FIR and take further actions pursuant to the written complaint dated 07.12.2024 and 11.12.2024 with regard to medical negligency.

[2.0] Learned advocate for the petitioner has submitted that the petitioner has vehemently submitted before all the authorities but no cognizance is taken by them and hence, he is constrained to approach this Court. In support of his submission, he has placed reliance on the order dated 30.09.2020 of the Madurai Bench of Madras High Court in the case of J.Vijayan V/s. The Superintendent of Police & Ors. He has submitted that the petitioner has already made an application dated 26.04.2023 to the concerned Police Inspector with regard to the registration of the FIR, but nothing has been done.

[3.0] At this stage, it would be apposite to consider the observations made by the Apex Court in the case of M. Subramaniam vs. S. Janki reported in (2020)16 SCC 728, and the case of XYZ vs. State of Madhya Pradesh reported in (2023)9 SC

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