BAHADURSINH LAKSHMANSINH SOLANKI 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 No.2 to register the complaint given by the petitioner as a first information report and to take further action in accordance with law.

(2.) It is the case of the petitioner that on 26.07.2020 at around 2315 hrs., while the son of the petitioner herein, Narendrasinh (Yashpalsinh) Bahadursinh Solanki, had gone to Ughroj Essar petrol pump for re-fueling his motor-cycle, an altercation took place between the son of the petitioner and the employees serving at the petrol pump. During that time, the employees assaulted his son with weapons like axe / iron-pipes as a result of which his son sustained severe bodily injuries. He was taken to CHC, Detroj for necessary treatment and was, later, shifted to Civil Hospital, Ahmedabad. Thereafter, the injured was shifted to Epic Hospital, Ahmedabad, where he underwent operations at different times. The petitioner submitted written complaint to the concerned police station on 04.08.2020 requesting to register a first information report in connection with the alleged incident. However, no action was taken by the respondents on such written complaint given by the petitioner. 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;