1. Present Special Criminal Application under Article 226 of the Constitution of India has been preferred by the petitioners to pass appropriate order to investigate complaint of the petitioners and to initiate appropriate proceedings against respondent Nos.1 and 2.
2. Having heard learned advocate appearing on behalf of the petitioners and Shri L.B. Dabhi, learned Additional Public Prosecutor appearing on behalf of respondent No.4 - State, it appears that the main grievance of the petitioners is not investigating the same by the concerned respondents. As observed by the Hon'ble Supreme Court in the case of Aleque Padamsee vs. Union of India reported in (2006)7 SCC 171 as well as in the case of Gangadhar Janardan Mhatre vs. State of Maharashtra and Ors. reported in (2004)7 SCC 768 as well as decision of this Court in the case of Kanubhai Shamjibhai Dayani & Anr. vs. State of Gujarat & Ors. reported in 2007(3) GLR 2684, in case of non-registration of the complaint by the concerned police officers as FIR, a petition under Article 226 is not required to be entertained, as the aggrieved party has a remedy by way of filing a private complaint under Section 190 of the CrPC. Hence, the present petition is not entertained. It will be open for the petitioner to file a private complaint before the concerned Magistrate as provided under Section 190 of the CrPC and as and when the same is made, same shall be dealt with by the concerned Magistrate in accordance with law and on merits.
3. With this, present Special Criminal Application is disposed of.
(M.R.
Shah, J.) *menon Top