ANKIT SRISHBHAI MAHETA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition preferred under Article 226 of the Constitution of India, the petitioner has prayed to direct the respondent-police authority to register the complaint given by the petitioner dated 10.07.2020 as a first information report and to take necessary further action in accordance with law.

(2.) It is the case of the petitioner that in the year 2010-2011, respondent Nos.5 and 6 had met him and appraised him that they are into the work of research and development and that they are in the process of developing a bike running on water. It is the further case of the petitioner that respondent Nos.5 and 6 induced the petitioner to make financial investment in the project on the assurance that the petitioner would derive huge financial gains. Accordingly, the petitioner made investments in the said project. However, subsequently, the petitioner realized that the so-called project was a farce and therefore, he demanded to return the investments made by him; however, to no avail. The petitioner, therefore, made a complaint in the form of application before the respondent-authority. However, no action was taken by the respondent-authority. Hence, this petition.

(3.) Heard learned advocates on both the sides and perused the documents on record. In the case of Divine Retreat Centre v/s. State of Kerala and Ors., (2008) 3 SCC 542, the Apex Court has in paras-41 and 42 held thus;