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High Court of Gujarat

HASMUKHBHAI MAHADEVBHAI PRAJAPATI POA OF DARSHIL DINESHBHAI PRAJAPATI AND KHUSHI DARSHIL PRAJAPATIversusSTATE OF GUJARAT

Disposal
35-ANY OTHER MODE @ ADM.STAGE

Holding

The Court directed the Superintendent of Police, District Anand, to decide on the petitioner's representation within eight weeks and disposed of the petition.

Summary

The petitioner, represented by Mr. Yash H. Joshi, filed a Special Criminal Application seeking a direction for the police to lodge an FIR/complaint concerning a cognizable offence alleged against certain accused. The petitioner had earlier submitted a representation to the Superintendent of Police, District Anand, on 13 September 2025, but no action had been taken. The respondent, Ms. Shruti Pathak, was absent when the matter was called. The Court noted the pending representation and ordered the Superintendent to take an appropriate decision on it within eight weeks of the order. Consequently, the petition was disposed of.

Issues considered

  • What is the appropriate judicial remedy when a representation to the police regarding a cognizable offence remains unacted upon?

Subjects

criminal procedureFIRpolice dutyspecial criminal applicationdirection to policerepresentationGujarat

Judgment

        R/SCR.A/14975/2025                                                               ORDER DATED: 11/06/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
          R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
                      FIR/COMPLAINT) NO. 14975 of 2025
 ==========================================================
           HASMUKHBHAI MAHADEVBHAI PRAJAPATI POA OF DARSHIL
           DINESHBHAI PRAJAPATI AND KHUSHI DARSHIL PRAJAPATI
                                 Versus
                        STATE OF GUJARAT & ORS.
 ==========================================================
 Appearance:
 MR YASH H JOSHI(6495) for the Applicant(s) No. 1
 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
 ==========================================================

     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                                  Date : 11/06/2026

                                                          ORDER

 1.         Learned advocate appearing for the petitioner is not
 present when the matter is called out.

 2.         However, from the material produced on record it appears
 that the petitioner has submitted a representation to the
 Superintendent                       of       Police,            Dist-Anand                  on         13.09.2025
 complaining                  about          commission                  of      the        cognizable               office
 committed by the accused persons. However, no decision
 whatsoever has been taken on the said representation till date.

 3.         Having regard to the same, the Superintendent of Police,
 Dist-Anand shall take an appropriate decision upon the
 representation dated 13.09.2025 submitted by the petitioner as
 expeditiously as possible preferably within period of 8 weeks
 from the date of receipt of the present order.

 4.         With these observations, the present petition stands
 disposed of.


                                                                                             (M. R. MENGDEY,J)
 AHS
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT SONAGARA(HCD0079), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 12/06/2026 12:51:43


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