HARSHADSINH JORUBHA CHUDASAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Hardik Soni, learned APP waives service of notice of rule for and on behalf of the respondent -?State.

(2.) The petitioner is aggrieved by non-? registration of the first information report on the basis of his written complaint dated 10.1.2019 addressed by the petitioner to the respondent Nos. 2 and 3 and other higher police officers. It is his say that though cognizable offence is made out in the said complaint, his complaint is not being registered as the first information report. In support of his submissions, the learned counsel appearing for the petitioner has relied upon the decision of the Apex Court in the case of Lalita Kumari v. State of Uttar and others, reported in (2014) 2 SCC 1 and State of Telangana v. Habib Abdullah Jeelani and others , reported in (2017) 2 SCC 779.

(3.) Both the sides have been heard. Having considered the submissions made by both the sides and the material on record, as also having considered the judgment of the Apex Court in the case of Lalita Kumari (supra), this Court is of the opinion that the grievance put forth by the petitioner can be put an end to by directing the respondent authority accordingly. It would be beneficial to regurgitate the relevant paragraph of the said decision, which reads as under :