1 Rule. Ms. Chetna M Shah, learned Additional Public Prosecutor, waives service of notice of Rule for respondent No.1-State of Gujarat. 2 This petition under Article 226 of the Constitution of India, has been preferred with the following prayers:
" 7 (A) direct the respondent police authorities to register the FIR of the petitioner with regard to the complaint given by the petitioner, and (B) pending admission and final disposal of this petition, the Honourable Court may kindly be pleased to direct the police authorities to submit its report before the Honourable Court with regard to the action taken by the police authorities in respect of the complaint of the petitioner and further be pleased to direct the respondent police authorities to register FIR of the petitioner, and (C) award the cost of the petition, and (D) grant any other relief or pass any other order which the Honourable Court may consider as just and proper."
3 The grievance of the petitioner is that pursuant to the complaint dated 19.12.2014, addressed by the Page 2 of 5 R/SCR.A/3712/2015 JUDGMENT petitioner to respondent No.3, that is, Police Inspector, Naranpura Police Station, Naranpura, Ahmedabad, in respect of alleged offence under Section 498-A of the Indian Penal Code, no action was taken by the said respondent. According to the petitioner, his daughter lost her life due to a miscarriage as a result of an abortion which, according to the petitioner, she was forced to undergo. In this regard, the petitioner made a second complaint dated 01.04.2015, to respondent No.2 Commissioner of Police, Ahmedabad City, Ahmedabad.
4 As no action has been taken on the complaints of the petitioner, the petitioner has approached this Court by way of the present petition.
5 Having heard Mr. Vaibhav A Vyas, learned advocate for the petitioner and Ms. Chetna M Shah, learned Additional Public Prosecutor, in the view of this Court, the grievance of the petitioner can be put to an end by passing the following order:
Respondent No. 3, Police Inspector, Naranpura Police Station, Naranpura, Ahmedabad, shall look into both the complaints of the petitioner dated 19.12.2014 Page 3 of 5 R/SCR.A/3712/2015 JUDGMENT and 01.04.2015. After going through the same, he shall take a decision whether it discloses the commission of any cognizable offence or not. If it is found, on the basis of the complaint or any other material, that the commission of a cognizable offence is disclosed, the said Police Inspector shall proceed to register the First Information Report, forthwith. However, if, for any reason, the Police Inspector is of the opinion that the complaint fails to disclose the commission of any cognizable offence, under such circumstances, he shall inform the petitioner in writing by assigning brief reasons, within a period of four weeks from the date of the receipt of a copy of this order. It is however, clarified that if, ultimately, the Police Inspector decides not to register the First Information Report, it shall be open to the petitioner to avail of any other legal remedy available to him. 6 The petition is disposed of, in the above terms, without entering into the merits of the case. Direct Service of this order is permitted. Page 4 of 5