SHAHRUKH SULTANBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition, the petitioner seeks appropriate direction to the respondent authorities to forthwith register an FIR of the petitioner pursuant to the written complaint dated 08.11.2019 submitted by the petitioner before the respondent No.2-Police Inspector, Valsad City Police Station, against two persons, who are named in the said compliant as accused for the offences punishable offence under Sections 384 , 420 , 465 , 467 , 468 , 34 , 120B , 504 and 506(2) of the Indian Penal Code, 1860 ( IPC ) and investigate the same in accordance with law and also seeks a direction to respondent No.3-Superintendent of Police to monitor the investigation.

(2.) The allegations levelled against the two accused by the petitioner against them pertains to false allegations of the theft levelled against him and also misusing of the cheques by them. The petitioner has given the complaint to the respondent No.2-Police Inspector, Valsad Cith Police Station on 08.11.2019.

(3.) Learned advocate for the petitioner has also submitted that pursuant to the aforesaid complaint dated 08.11.2019 of the petitioner, as no steps were initiated, the petitioner had forwarded a letter dated 17.02.2020 to the respondent no.3-Superintendent of Police, Valsad. Pursuant thereto, the petitioner was called for on 22.02.2020 by one lady ASI, Dhuliben Remanbhai, for recording his statement and the same was recorded. However, no FIR has been registered against the proposed accused. The petitioner thereafter, on 04.03.2020 had made an application under the Right to Information Act , with a view to know about the progress in the matter and accordingly, the petitioner had received a compilation, wherein it came to the knowledge of the petitioner that pursuant to the complaint of the petitioner, the police authority had taken bonds as contemplated under Section 107 of the Code of Criminal Procedure, 1973 and the petitioner has also received his aforesaid statement which, was recorded on 22.02.2020 and to the utter shock and surprise, the petitioner found that the said statement was also tampered with, after the signature of the petitioner was obtained thereon, to the extent that the petitioner was not inclined to lodge any complaint in the police station and, therefore, the petitioner prays before this Court to register an FIR pertaining to his application dated 08.11.2019.