JAYRAJSINH NAVALSHANGSINH MORI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant, who is the original petitioner in Special Criminal Application No. 3161 in 2020, is aggrieved by the fact that this Court (Coram: Mr. A.J. Desai, J.) on 17.06.2020, while disposing of the main matter, had issued various directions, including a direction to take a decision on the application / complaint given by the applicant within 15 days, as to whether, the same discloses commission of a cognizable offence or not. It was also directed that if, the application / complaint discloses commission of a cognizable offence, then, to register the FIR and if not, then, intimate the applicant with brief reasons for not registering the FIR.

(2.) Learned APP, Mr. Mehta, has appeared, on advance copy, for the respondent-State. According to him, in response to the communication of the applicant and pursuant to the direction issued by this Court, ASI, Shihor Police Station, has already sent a communication through RPAD to the applicant, intimating him that no cognizable offence is made out. The reasons also have been incorporated in the said communication. This has been delivered and received by the applicant on 28.08.2020. He, further, has urged that, if, the applicant is still aggrieved by the denial to register the FIR, he has legal recourse to open, and therefore, there is no question of the Court initiating any action for contempt against the respondents under the Contempt of Courts Act.

(3.) On hearing both the sides and also on perusal of the material on record, we find that this Court had already directed the PI, Shihor Police Station to examine the complaint / application and to take a decision, whether, the same discloses commission of a cognizable offence or not and while so doing directed him to follow the dictum of the Apex Court in LALITA KUMARI VS. STATE OF U.P.,2014 SCC 1. The police, however, was directed to register the FIR, if, the material discloses commission of a cognizable offence and if not, give brief reasons for not registering the FIR within the period of 15 days from the date of receipt of the order of this Court. Since, the PI, Shihor Police Station has already communicated the applicant that no offence is disclosed, the applicant can always approach the SP with an application.