NARESHBHAI SALAMBHAI BARIYA 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 vide applications dated 28.07.2020 and 16.09.2020 as a first information report and to take necessary further action in accordance with law.

(2.) It is the case of the petitioner that on 15th or 16th July 2020, the father of the petitioner was allegedly killed by the accused persons. The dead body of the father of the petitioner was found in suspicious condition from the terrace of the rented premises belonging to the persons, who are alleged to be the accused, two days after his father went missing. The father of the petitioner was called by the persons, alleged to be the accused, to come down at the rented premise for settling the land dispute, which is the place from where the dead body was found. The petitioner approached the concerned police station for registering an offence in connection with the alleged incident. He also preferred two different applications seeking registration of an FIR. 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;