SURYABEN RAMESHJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri Mengdey, learned APP waives service of rule on behalf of the respondent State.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner, original complainant/informant has prayed for an appropriate order directing the respondents, more particularly, Police Inspector, Deesa Rural Police Station/ DSP, Banaskantha at Palanpur to register the complaint as FIR and to investigate the same.

(3.) Shri Goswami, learned advocate appearing on behalf of the petitioner has submitted that though the petitioner has already filed the complaint on 9-3-2007 with the Police Inspector, Deesa Rural Police Station pointing out the commission of the cognizable offence under the IPC with the name of the suspected accused, still the said complaint is not registered as FIR and the investigation is not carried out. It is submitted that thus, the police officers of the concerned police station i.e. Deesa Rural Police Station has failed to perform its duty as required u/s 154 of Criminal Procedure Code. He has also further submitted that thereafter, the petitioner has also approached the DSP, Banaskantha at Palanpur but still the complaint is not registered as FIR.