ABDUL KADAR HUSSAIN MUNSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.K.T.Dave, learned Additional Public Prosecutor, waives service of rule on behalf of the respondent State.

(2.) By way of this petition, under Articles 226 and 227 of the Constitution of the India, the petitioner original informant has prayed for appropriate Writ, direction and/or order directing the respondents to register FIR at the instance of substance of the information supplied by the petitioner at Annexure A to the petition.

(3.) It appears from the record that as one another FIR is registered at Kosamba, Police Station, Surat on 18.07.2007 being C.R.I-72/2007 at the instance of some another informant in which incident in question is also mentioned in the said complaint, FIR at the instance of the petitioner on the basis of the information at Annexure A is not registered. The controversy which is raised in the petition is now already covered by the Hon'ble Supreme Court in the case of Upkar Singh v/s. Ved Prakash and Ors. reported in (2004) 13 SCC 292 and in para 23 the Hon'ble Supreme Court has observed as under: