MADIBEN BACHUBHAI BHURIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is aggrieved by non- registration of the first information report on the basis of the complaint given in writing by him to the respondent No.2, herein.

(2.) It is his say that though cognizable offence is made out, his first information report is not being registered. Both the sides have been heard. This Court has also taken into consideration the judgment of the Apex Court in the case of " LALITA KUMARI V. STATE OF UTTAR PRADESH AND OTHERS ", reported in (2014) 2 SCC 1. It would be beneficial to regurgitate the relevant paragraph of the said decision, which reads as under :

(3.) Bearing in mind the aforementioned ratio laid down by the Apex Court, the respondent No.2, herein, shall look into the matter and lodge the first information report, if any, cognizable offence is made out; if not, for the limited purpose of knowing as to whether cognizable offence is revealed, a preliminary inquiry shall be conducted. The petitioner shall be communicated the brief reasons if eventually also, the respondent No.2 choses not to lodge the first information report. Such exercise shall be completed by the respondent No.2 at the earliest, but not later than ONE WEEK. The entire exercise shall be done at the earliest without further loss of time.