HARESHBHAI BABUBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. The formal service of notice of Rule is waived by the learned Additional Public Prosecutor on behalf of the respondents. The Rule is returnable forthwith on consent.

(2.) The petitioners are aggrieved by non­ registration of the first information report on the basis of written complaint / application dated 14.08.2018, addressed by the petitioners to the respondent No.3. It is the say of the petitioners that though cognizable offence is made out in the said complaint, the complaint is not being registered as the first information report. In support of submissions of the petitioners, the learned counsel appearing for the petitioners 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 petitioners can be put an end to by directing the respondent authorities accordingly. It would be beneficial to regurgitate the relevant paragraph of the said decision, which reads as under :