High Court of Gujarat

JAYANTIBHAI PRABHUBHAI PATADIYAversusSTATE OF GUJARAT

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

Holding

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

Summary

The petitioner, Jayantibhai Prabhubhai Patadiya, lodged a complaint with the Tankara Police Station alleging a cognizable offence, but the police failed to register an FIR or take any action. He subsequently filed a representation with the Superintendent of Police, Morbi on 23 April 2026, which also remained unanswered. The petitioner sought a direction from the High Court to compel the police to act on his complaint and representation. The Court noted the inaction of the police authorities and exercised its jurisdiction under the Criminal Procedure Code to issue a directive. It ordered the Superintendent of Police, Morbi to take an appropriate decision on the representation within eight weeks and disposed of the petition.

Issues considered

Whether the police are duty-bound to register an FIR upon receipt of a complaint alleging a cognizable offence.
Whether the High Court can direct the police to act on a pending complaint and representation.
Whether a time-bound order can be imposed on the Superintendent of Police to decide on the representation.

Subjects

FIRcognizable offencepolice inactionspecial criminal applicationdirection to policerepresentation to SPHigh Court order

Judgment

             R/SCR.A/6529/2026                                                             ORDER DATED: 06/05/2026




                       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
                         FIR/COMPLAINT) NO. 6529 of 2026

      ==========================================================
                                  JAYANTIBHAI PRABHUBHAI PATADIYA
                                                Versus
                                      STATE OF GUJARAT & ORS.
      ==========================================================
      Appearance:
      MR DM DEVNANI(5880) for the Applicant(s) No. 1
      MR. MEET THAKKAR, APP for the Respondent(s) No. 1
      ==========================================================

           CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                                     Date : 06/05/2026

                                                             ORDER

      1.        Learned Advocate appearing for the Petitioner submits that the
      Petitioner has submitted a complaint to the Police Inspector, Tankara
      Police Station complaining about commission of cognizable offence. It is
      stated that the said complaint has been submitted quite sometime back,
      however, no decision, whatsoever, has been taken on the said complaint
      by the police authorities. It is submitted by the learned Advocate that the
      Petitioner has also submitted a representation to the Superintendent of
      Police, Morbi on 23.04.2026. However, till date no decision on the said
      representation also has been taken by the concerned authority.

      2.        In view of the above, the Superintendent of Police, Morbi shall
      take an appropriate decision on the representation of the Petitioner
      submitted on 23.04.2026 as expeditiously as possible and preferably
      within a period of 8 weeks from the date of receipt of this order.

      3.        The Petition stands disposed of with the aforesaid observation.


                                                                                                (M. R. MENGDEY,J)
      J.N.W / 87




Original copy of this order has been signed by the Hon'ble Judge. Page 1 of 1
Digitally signed by: JAYANTILAL NARAYAN WAGHELA(HC00178), Principal Pvt. Secretary, at High Court of Gujarat on 07/05/2026 11:00:44

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