KALAJI HIRAJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent -State.

(2.) By this writ-application under Article 226 of the Constitution of India, the applicant has a grievance to redress as regards the inaction on the part of the police authority in not registering the First Information Report pursuant to the complaint lodged by him dated 6.8.2020 addressed respondent authorities.

(3.) The respondent No.2- Police Inspector, Sarkhej Police Station, Ahmedabad is directed to take into consideration the complaint filed by the petitioner (Annexures A and D to this petition) and after going through the same, take a decision, whether the same discloses commission of a cognizable offence or not. Police authority shall follow the directions issued by Hon'ble Apex Court in the case of Lalita Kumari V/s. Government of Uttar Pradesh and others, 2014 2 SCC 1 as well as in the case of State of Telangana V/s. Habib Abdullah Jeelani and others, 2017 2 SCC 779. After taking into consideration the complaint and other materials, if any, the Police Inspector is of the view that the same discloses commission of a cognizable offence, then appropriate directions be issued for registration of the FIR forthwith at the concerned Police Station. However, the Police Inspector, after going through the materials, is of the view that no case is made out for registration of the FIR, then in such circumstances, he shall inform the petitioner in writing about the same by assigning reasons in brief, preferably within a period of four weeks from today.