SURESHBHAI Vs. POLICE COMMISSIONER

JUDGEMENT

(1.) Rule. Ms.Moxa Thakkar, learned Additional Public Prosecutor waives service of notice of rule for respondent State.

(2.) By way of present petition under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code, the petitioner has sought for the following reliefs.

(3.) According to the petitioner, he had filed the complaint before the concerned police authority, who has not registered his FIR. According to him, pursuant to that, he had preferred Special Criminal Application No.4653 of 2017 which came to be disposed of by this Court by directing the respondents to look into the complaint and determine whether any cognizable offence is made out or not. It is the contention of the petitioner that as per the order of this Court, respondent No.2 was supposed to look into the complaint and determine whether any cognizable offence is made out or not. But instead of determining as to whether any cognizable offence is made out or not, the Police Sub Inspector has simply issued a 'Samaj Yadi' stating that the matter is pertaining to the civil dispute and, therefore, the applicant should approach the appropriate Civil Court for the appropriate remedy. It is also contended by the petitioner that due to non-compliance of the order of this Court passed in the aforesaid special criminal application, he had moved another application being Criminal Misc. Application No.21246 of 2017 before this Court, which came to be withdrawn with a liberty to file afresh application. According to him, his application for initiation of criminal proceedings refers to the cognizable offence and, therefore, the FIR ought to have been registered by the concerned police authority, but the police authority has not registered his complaint, whereas, the complaint has been registered on the same facts. He has prayed to allow the present petition.