VINODCHANDRA JAYANTILAL - DHOLAKIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner have prayed for an appropriate Writ, order or direction directing respondent Nos. 2 and 3 to forthwith register the FIR in pursuance to written complaint dated 24.02.2007 against the respondent No.4 to 9 and further respondent No.2 may be directed to carry investigation either personally or through some independent high rank police authority superior to respondent No.3.

(2.) It was the contention on behalf of the petitioners that inspite of application/ complaint dated 24.02.2007, respondent Nos. 2 and 3 have not inquired / investigated into the same and the same is not registered as FIR under Section 154 of the Criminal Procedure Code. Some further allegations are also made by way of additional affidavit.

(3.) An affidavit is filed by respondent No.4 - Police Sub Inspector, Botad Police Station pointing out that the application dated 24.02.2007 of the petitioners addressed to the Superintendent of Police, Bhavnagar was send to the Assistant Superintendent of Police. Pursuant to the instructions from the Superintendent of Police, Bhavnagar, Assistant Superintendent of Police had inquired into the allegations made in the complaint and has found that the allegations made in the complaint are baseless and said application was made with an ulterior motive to harass the police as well as the journalist. It is submitted that Assistant Superintendent of Police by his report dated 28.03.2007 has send the report to the Superintendent of Police, Bhavnagar. It is submitted by the learned Additional Public Prosecutor that it is not that the application of the petitioner dated 24.02.2007 is not inquired and/or no investigation has been carried out.