PARVATIBEN vs THE STATE OF GUJARAT - 2024-02-09

O R D E R

Leave granted.

Unsuccessful before the High Court of Gujarat at Ahmedabad, the petitioners in Special Criminal Application No.3231/2019 are before us. By way of the said writ petition, they had prayed for a direction from the High Court to the State authorities to register a FIR in relation to the offences alleged by them in their written complaint dated 23.08.2018. It was their case that report dated 02.03.2019 had been forwarded by the Commissioner of Police, Surat Division, to the Inspector General of Police (Rural), State of Gujarat, opining that sufficient grounds were made out for investigation into the allegations made by them in that complaint but no further action was being taken thereupon. However, by the impugned order dated 26.06.2019, the High Court held that the earlier police report dated 12.10.2018 concluding that the matter was in the nature of a civil dispute was not brought to the notice of the Commissioner while forwarding his report dated 02.03.2019 and, therefore, there was no merit in the petition.

Surprisingly, despite noticing the earlier writ petition filed by the appellants in Special Criminal Application No.9152/2018 on the same issue, the High Court failed to note the relevant aspects pertaining thereto. It is a matter of record that after the Police Inspector, Adajan Police Station, Surat, forwarded his report dated 12.10.2018 to his superior, stating that the dispute between the parties covered by the appellants’ complaint dated 23.08.2018 was in the nature of a civil dispute, the appellants filed Special Criminal Application No.9152/2018 before the High Court praying for registration of a FIR on the strength of their complaint. This writ petition was disposed of by the High Court on 25.10.2018 directing the Police Commissioner, Surat City, to look into the appellants’ complaint dated 23.08.2018 and take a decision thereon as to whether it disclosed commission of a cognizable offence and if so, to register a FIR. In the event no such offence was made out, the appellants were to be informed in writing the reasons therefor.

Aggrieved by this order, one of the persons accused by the appellants of having committed offences in their complaint dated 23.08.2018, namely, Hirabhai Narsingbhai Hadakiya, filed Criminal Miscellaneous Application No.1/2019 before the High Court seeking recall of the order dated 25.10.2018 on the strength of the earlier police report dated 12.10.2018. However, the High Court dismissed his application on 14.12.2018, being of the opinion that such a report would not preclude the Police Commissioner from looking into all the materials available with the investigating agency before taking a decision and no grounds were, therefore, made out to recall the order dated 25.10.2018.

Significantly, in the present round of litigation, the High Court completely lost sight of the dismissal of the recall petition on 14.12.2018. In the light of that fact, it is clear that neither the police authorities nor the High Court remained in the dark about the earlier police report dated 12.10.2018 and despite its existence, the Police Commissioner was asked to look into the matter afresh. Once the Police Commissioner undertook such an exercise and found that sufficient grounds existed for investigation into the appellants’ complaint by the Superintendent of Police concerned, there could be no hindrance to the registration of a FIR to enable such a process being undertaken.

The impugned order passed by the High Court to the contrary, therefore, cannot be sustained and it is, accordingly, set aside.

The appeal is allowed. There shall be a direction to the concerned State Police Authorities to register a FIR on the strength of the appellants’ complaint dated 23.08.2018 and proceed thereon in accordance with law and due procedure.

Pending application(s), if any, shall stand disposed of.

...................J.

[SANJAY KUMAR]

...................J.

[AHSANUDDIN AMANULLAH]

New Delhi;

February 09, 2024.

ITEM NO.46 COURT NO.5 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 7489/2019

(Arising out of impugned final judgment and order dated 26-06-2019 in R/SCRLA No. 3231/2019 passed by the High Court Of Gujarat At Ahmedabad)

PARVATIBEN & ORS. PETITIONER(S)

VERSUS STATE OF GUJARAT & ORS. RESPONDENT(S)

( IA No. 125763/2019 - EXEMPTION FROM FILING O.T.)

Date : 09-02-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Ms. Aastha Mehta, Adv.

Ms. Prerana Mohapatra, Adv.

Yasha Goyal, Adv.

Ms. Sakshi Kakkar, AOR For Respondent(s) Mr. Varinder Kumar Sharma, AOR Mr. Shantanu Sharma, Adv.

Ms. Deeksha Gaur, Adv.

Mr. Amman Syed, Adv. Mr. Anik Kadri, Adv.

Mr. Vishrut Bhandari, Adv.

Ms. Archana Pathak Dave, Sr. Adv.

Ms. Swati Ghildiyal, AOR Ms. Devyani Bhatt, Adv.

Mr. Varinder Kumar Sharma, AOR Mr. Shantanu Sharma, Adv.

Ms. Deeksha Gaur, Adv.

Mr. Amman Syed, Adv. Mr. Anik Kadri, Adv.

Mr. Vishrut Bhandari, Adv.

UPON hearing the counsel, the Court made the following

O R D E R

Leave granted.

The appeal is allowed in terms of the signed order, which is placed on the file.

Pending application(s), if any, shall stand disposed of.

(NIRMALA NEGI) (VIDYA NEGI)

COURT MASTER (SH) ASSISTANT REGISTRAR