RAJESHBHAI HARIBHAI VAGHASIYA 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 authorities to register the complaint given by the petitioner dated 24.08.2020 as a first information report and to take necessary further action in accordance with law.

(2.) It is the case of the petitioner that he is an agriculturist and the member of the managing committee of 'Kotadasangani Dudh Utpadak Sahakari Mandli Ltd.', wherein Mr. Sureshbhai Madhabhai Lunagariya being president of the said Mandli created the forge documents and made forge signature of the secretary and misused the power of the president. The petitioner, therefore, made an oral complaint to the district registrar as well as the police inspector, Kotadasangani, but no heed was paid. Therefore, the petitioner, made 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;