Patel Jayeshkumar Bhikhabhai vs State of Gujarat and Others

M.R. Shah, J.—RULE. Mr. K.P. Raval, learned Additional Public Prosecutor waives the service of notice of rule on behalf of the Respondents.

With the consent of the learned advocates appearing on behalf of the respective parties and in the facts and circumstances of the case, present petition is taken up for final hearing.

By way of this petition under Article 226 of the Constitution of India, the Petitioner has prayed for appropriate writ, order and/or direction directing the Respondent No. 2 to register the First Information Report as per the written complaint dtd.13/8/2010 given by the Petitioner and to investigate the same in accordance with law.

Mr. Dipak Patel, learned advocate appearing on behalf of the Petitioner has submitted that though the accused are named in the complaint and though there are specific allegations and averments in the complaint dtd.13/8/2010 given by the Petitioner in writing and though the ingredients of the offences punishable under Sections 306 and 120B of Indian Penal Code are made out and/or satisfied, police has not registered the First Information Report as per the written complaint of the Petitioner dtd.13/8/2010 on the ground that police is investigating Accidental Death Case No. 20 of 2010. It is submitted that now there is a suicide note also, however, the police is not registering the First Information Report. He has further submitted that necessary investigation with regard to the suicide note is required to be carried out and hence also First Information Report is required to be registered.

In pursuance of the notice issued by this Court, Mr. K.P. Raval, learned Additional Public Prosecutor has appeared on behalf of the Respondents and has stated at the bar under the instructions from Mr. D.J. Vaghela, In-charge Police Sub Inspector, Laghnaj Police Station, that the complaint given by the Petitioner in writing dtd.13/8/2010 shall be registered u/s 154 of the Code of Criminal Procedure as First Information Report and further investigation shall be carried out in accordance with law and on merits.

The concerned Respondents are directed to act accordingly.

In view of the above, Mr. Dipak Patel, learned advocate appearing on behalf of the Petitioner does not press the present petition as the grievance of the Petitioner does not survive.

Present petition is accordingly disposed of.

Direct Service is permitted.