High Court of Gujarat

DINESHCHANDRA NARANDAS PANCHALversusSTATE OF GUJARAT

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

Holding

The Court held that under Section 173(4) of BNSS, 2023, the Superintendent of Police must consider the petitioner’s representation within eight weeks.

Summary

The petitioner, Dineshchandra Narandas Panchal, sought to make a representation to the Superintendent of Police, Anand, requesting that a FIR/complaint be lodged. The petitioner filed a Special Criminal Application under Section 173(4) of the Bharatiya Nagarik Sahayata Service (BNSS), 2023, seeking a direction that the representation be considered expeditiously. The Court examined the statutory provision, which mandates the Superintendent to consider such representations within eight weeks of receipt. Relying on the language of Section 173(4), the Court held that the statutory duty is mandatory and enforceable. Consequently, the Court directed that the representation be considered by the Superintendent of Police, Anand, within the stipulated eight‑week period.

Issues considered

Whether the petitioner is entitled to a direction under Section 173(4) of BNSS, 2023 to have his representation considered by the Superintendent of Police
Whether the statutory period of eight weeks for consideration is mandatory

Subjects

Criminal ProcedureSection 173(4)Representation to PoliceFIRHigh Court DirectionStatutory Duty

Judgment

      R/SCR.A/5100/2025                                                     ORDER DATED: 10/02/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
                   FIR/COMPLAINT) NO. 5100 of 2025

==========================================================
                        DINESHCHANDRA NARANDAS PANCHAL
                                      Versus
                             STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR A R DWIVEDI(11319) for the Applicant(s) No. 1
MR R G DWIVEDI(6601) for the Applicant(s) No. 1
MS. KRINA CALLA, APP for the Respondent(s) No. 1
==========================================================

   CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                          Date : 10/02/2026

                                            ORAL ORDER


         Learned Advocate appearing for the petitioner submits that the petitioner
would like to make a representation to Superintendent of Police, Anand.


         In view of the Section 173(4) of BNSS, 2023, if such representation is
submitted by the petitioner herein, the same shall be considered by the
Superintendent of Police, Anand as expeditiously as possible preferably within
period of eight weeks from the date of the receipt of the representation.



                                                                                (M. R. MENGDEY,J)
RAVI OZA


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAVI OZA(HCW0111), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 10/02/2026 17:40:16




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