[1.0] Present Special Criminal Application under Article 226 has been preferred by the petitioner for the following reliefs: 6[a]. to allow this petition with costs and issue a writ of mandamus or any other appropriate writ, direction or order in the nature of writ, directing the respondents nos.1 and 2 to register the FIR of the offences committed on 14052006 and 06062006 and carry out swift and proper investigation in the matter;
[b]. to direct institution/inquiry to examine the serious lapses and the persons responsible for the same;
[2.0] Though the matter is called out twice, on both the occasions, learned advocate appearing on behalf of the petitioner has chosen to remain absent.
[2.1] From the order passed by the learned Single Judge dated 25.09.2006, it appears that the learned advocate appearing on behalf of the petitioner made a statement and/or submitted that the petition shall not survive in respect of prayer in terms of paragraph 6[a]. However, he submitted that prayer in terms of paragraph 6[b] to direct institution/inquiry to examine the serious lapses and to take appropriate action against the concerned officer i.e. respondent No.4 would survive.
[3.0] Under the circumstances, no cause survive so far as the prayer in terms of prayer in paragraph 6[a] is concerned, as it appears, the same has become infructuous. So far as prayer in terms of paragraph 6[b] to direct investigation/inquiry to examine the serious lapses on the part of persons responsible for not registering the FIR for the offences committed on 14.05.2006 and 06.06.2006 on the complaint made by the petitioner is concerned, the present Special Criminal Application can be disposed of by directing the District Superintendent of Police, Dahod to look into the matter and hold necessary inquiry whether there was deliberate lapse on the part of the concerned officers in not registering the FIR at the earliest or not and thereafter to take appropriate steps.
[4.0] In view of the above, present Special Criminal Application is disposed of by directing the District Superintendent of Police, Dahod to look into the matter and hold necessary preliminary inquiry whether there was any deliberate attempt on the part of of the concerned respondent No.4/concerned police officer in not registering the FIR promptly and thereafter to take appropriate steps accordingly after following due procedure in accordance with law and on merits.
[5.0] With this, present Special Criminal Application is disposed of.
(M.R. Shah, J.) menon