NAVINKUMAR HARGOVINDBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition under Article 226 of the Constitution of India as well as under the provision of section 482 of the Code of Criminal Procedure, 1973 the petitioner has prayed as under:

(2.) The case put forward by the petitioner before this Court, is as under:

(3.) Mr.Y.N.Oza, learned Senior Counsel assisted by Mr.Pratik Jasani, learned advocate appearing for the petitioner has vehemently argued that a communication dated 06/01/2017 issued by the In-charge Police Inspector of Khatodara Police Station, which discloses the reasons for registering the FIR, establishes that Additional Police Commissioner, Surat has examined the matter beyond his power as a police officer. By taking me through a report dated 22/09/2016 submitted by Police Inspector of Khatodara Police Station to the Commissioner of Police, Surat, he would submit that a specific conclusion was arrived at by him that serious offence punishable under section 406, 420, 465, 467, 468, 471, 114, etc. of the Indian Penal Code was committed. The said report as well as material collected during the preliminary inquiry was examined by Additional Police Commissioner and he also opined that an FIR is required to be registered and, therefore, he requested the Police Commissioner of City of Surat by communication dated 10/10/2016 that the permission be granted to lodge an FIR against the suspect persons. He therefore would submit that when Police Inspector as well as Deputy Commissioner of Police had examined the case and had prima facie arrived at conclusion that serious offence as referred here in above, have been committed, there was no need to reexamine the case and refuse to lodge an FIR. He would submit that the reasons referred in the said communication are beyond the facts and circumstances of the case and beyond the power of police officer to come to the conclusion that the dispute is of civil nature.