KANTIBHAI CHHAGANBHAI THUMMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been directed against the orders passed by the Court-below dtd. 14/9/2016 and 28/7/2017, by which, the Trial Court as well as Revisional Court declined the prayer made by the applicant either directing the Police Authorities to register the complaint or direct investigation to be made by the police official as contemplated under Sec. 156(3) of Code of Criminal Procedure, 1973.

(2.) Heard Mr.Khilan Chandrani, learned advocate for the applicant and Ms.Vrunda Shah, learned Additional Public Prosecutor for the respondent - State.

(3.) Facts and circumstances giving rise to file present application are that the applicant met with an accident on 9/1/2015 caused by one Yuga Motor-bike allegedly driven by Dharmarajsinh Ramdevsinh. He had suffered fracture injuries over his leg due to alleged accident and was taken to hospital as referred in the case papers where necessary entry of the accident was being registered. Despite of these facts, he alleges that the driver of the opposite vehicle lodged an FIR against the applicant for the alleged negligence and rashness. He had also submitted representation to the various authorities to register his FIR against the alleged vehicle, but they did not register it as a result, on 31/5/2016, he filed private complaint being registered as Inquiry No.257 of 2016 praying inter alia to issue necessary directions for registration of the FIR. Vide order dtd. 14/9/2016, the 3rd Judicial Magistrate Court, Rajkot rejected the application observing that the Court cannot issue any such directions to the authorities and if such directions are required to be passed deeming this be an application under Sec. 156(3) of Code of Criminal Procedure, 1973, then also the facts of the case do not fit to the circumstances where such directions to be exercised. Dissatisfied with the order, the applicant preferred Criminal Revision before the Sessions Court, Rajkot. The Sessions Court, vide its order dtd. 28/7/2017, affirming the order of the Trial Court rejected the Revision Application.