Decided on September 10,2020

Jayrajsinh Navalshangsinh Mori Appellant


Sonia Gokani, J. - (1.) The applicant, who is the original petitioner in Special Criminal Application No. 3161 in 2020, is aggrieved by the fact that this Court (Coram: Mr. A.J. Desai, J.) on 17.06.2020, while disposing of the main matter, had issued various directions, including a direction to take a decision on the application / complaint given by the applicant within 15 days, as to whether, the same discloses commission of a cognizable offence or not. It was also directed that if, the application / complaint discloses commission of a cognizable offence, then, to register the FIR and if not, then, intimate the applicant with brief reasons for not registering the FIR. 1.1 Since, the applicant did not receive any communication, as directed by this Court within 15 days, he gave a notice on 05.08.2020 and also twice visited the Shihor Police Station through the learned Advocate. However, since, no heed was paid to the same, according to him, the same would amount to willful and deliberate disobedience of the order of this Court. Hence, this application under the Contempt of Courts Act.
(2.) Learned APP, Mr. Mehta, has appeared, on advance copy, for the respondent-State. According to him, in response to the communication of the applicant and pursuant to the direction issued by this Court, ASI, Shihor Police Station, has already sent a communication through RPAD to the applicant, intimating him that no cognizable offence is made out. The reasons also have been incorporated in the said communication. This has been delivered and received by the applicant on 28.08.2020. He, further, has urged that, if, the applicant is still aggrieved by the denial to register the FIR, he has legal recourse to open, and therefore, there is no question of the Court initiating any action for contempt against the respondents under the Contempt of Courts Act.
(3.) On hearing both the sides and also on perusal of the material on record, we find that this Court had already directed the PI, Shihor Police Station to examine the complaint / application and to take a decision, whether, the same discloses commission of a cognizable offence or not and while so doing directed him to follow the dictum of the Apex Court in LALITA KUMARI VS. STATE OF U.P.,2014 SCC 1. The police, however, was directed to register the FIR, if, the material discloses commission of a cognizable offence and if not, give brief reasons for not registering the FIR within the period of 15 days from the date of receipt of the order of this Court. Since, the PI, Shihor Police Station has already communicated the applicant that no offence is disclosed, the applicant can always approach the SP with an application. 3.1 Learned Advocate, Mr. Chauhan, has urged that the applicant has already preferred an application before the Superintendent of Police on 28.08.2020. Section 54(3) of the Code of Criminal Procedure provides that an application be given in writing either in person or through post to the SP, if, a person is aggrieved by the refusal of registration of FIR by the officer in-charge of a police station and if, he is satisfied that the same discloses commission of a cognizable offence, then, either he, himself, investigate the same or shall depute any officer subordinate to him, in the manner provided under the Code. 3.2 Since, an application has already been given by the applicant to the SP concerned, in wake of the refusal on the part of the officer in-charge of the concerned police station, let him decide the said application within the period of TWO WEEKS from the date of receipt of a copy of this order. 3.3 If, the outcome before the SP, further, aggrieves the applicant, then, he shall have the course open to approach the competent Court for registering a private complaint or to take any other recourse, available under the law.;

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