By this writ-application under Article 226 of the Constitution of India, the petitioner has a grievance to redress as regards the inaction on the part of the police authority in not registering the First Information Report pursuant to the complaint lodged by him in writing dated 19th December 2014 addressed to the District Superintendent of Police, Jamnagar, for the offence punishable under Sections 431, 340, 341, 203, 209, 211, 114 and 120B of the Indian Penal Code.
The Police Inspector, Jamnagar Panch B-Division Police Station, Jamnagar, is directed to take into consideration the complaint filed by the petitioner in writing (Annexure-A to this petition) and after going through the same, take a decision, whether the same discloses commission of a cognizable Page 1 of 2 R/SCR.A/2618/2015 ORDER offence or not. After taking into consideration the complaint and other materials, if any, the Police Inspector is of the view that the same discloses commission of a cognizable offence, then appropriate directions be issued for registration of the FIR forthwith at the concerned Police Station. However, the Police Inspector, after going through the materials, is of the view that no case is made out for registration of the FIR, then in such circumstances, he shall inform the petitioner in writing about the same by assigning reasons in brief, within a period of four weeks from today.
With the above observations and directions, this petition is disposed of. I clarify that I have otherwise not gone into the merits of the matter.
For any reasons, if the police authorities refuse to register the FIR, it shall be open for the petitioner to avail of the remedy under Section 200 of the Code of Criminal Procedure.
Direct service is permitted.
(J.B.PARDIWALA, J.) MOIN Page 2 of 2