High Court of Gujarat

SURAJSINH VINODSINH BIHOLAversusSTATE OF GUJARAT

Disposal: 35-ANY OTHER MODE @ ADM.STAGE
Bench: M R MENGDEY

Holding

The Court held that the police must register the petitioner's complaint and decide on it within eight weeks.

Summary

The petitioner, Surajsinh Vinodsin Bihola, filed a special criminal application seeking a direction for the police to register his complaint, alleging that while the opposite party's FIR was recorded, his own complaint lodged on 18 September 2025 at Pethapur Police Station remained unregistered. The petitioner claimed injuries resulted from a scuffle between the parties and that the police had taken no action on his complaint. The respondent, the Jail Superintendent and others, contested the petition. The Court examined whether the police were obligated to register the complaint and, if so, directed them to decide on it within eight weeks. Consequently, the Court ordered the police to take appropriate action on the petitioner's complaint within the stipulated period and disposed of the petition.

Issues considered

What is the duty of the police to register a complaint filed by a private individual under the Criminal Procedure Code?

Subjects

FIR registrationcomplaintspecial criminal applicationpolice dutydirections

Judgment

        R/SCR.A/14695/2025                                               ORDER DATED: 03/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
         R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
                     FIR/COMPLAINT) NO. 14695 of 2025
  ==========================================================
                              SURAJSINH VINODSINH BIHOLA
                                         Versus
                              JAIL SUPERINTENDENT & ORS.
  ==========================================================
  Appearance:
  MR JV VAGHELA(5809) for the Applicant(s) No. 1
  MR KM ANTANI, APP for the Respondent(s) No. 1
  ==========================================================
    CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                         Date : 03/02/2026

                                           ORAL ORDER
           Learned Advocate appearing for the petitioner submits that a
  scu     e has taken place between the parties and some injuries were
  caused to both the sides. However, though the police authorities have
  recorded the FIR given by the other-side, the complaint given by the
  present petitioner has not been registered by the concerned police
  authorities. The complaint was given by the petitioner to the Pethapur
  Police Station, however, no action whatsoever has been taken on the
  said complaint given by the petitioner.


           Having regard to the same, the concerned police authorities
  shall take an appropriate decision upon the complaint given by the
  petitioner on 18.09.2025 as expeditiously possible preferably within a
  period of 8 weeks from the date of receipt of the present order.


           With these observations, the present petition stands disposed
  of.



                                                                            (M. R. MENGDEY,J)
  KUMAR ALOK
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 04/02/2026 14:34:37



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