SHAHINBANU @ SHABANABANU ABDULREHMAN BELDAR vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/15444/2026 JUDGMENT DATED: 03/11/2026
(GJHC240810922026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
FIR/COMPLAINT) NO. 15444 of 2026

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

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Approved for Reporting Yes No
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SHAHINBANU @ SHABANABANU ABDULREHMAN BELDAR & ANR.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS DIPMALA S DESAI(6596) for the Applicant(s) No. 1,2
NOTICE SERVED for the Respondent(s) No. 2,3,4
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 03/11/2026

JUDGMENT
1. The Petitioner has preferred the instant petition under Article 14,
21, 226 & 227 of the Constitution of India read with Section 528 of
BNSS, 2023, seeking the following reliefs:-
a) Admit and allow this application;
b) Your Lordships may be pleased to direct Respondent
No. 2 to register a First Information Report against
Respondent Nos. 3 and 4 in respect of the
cognizable offences disclosed in the representation
dated 15.10.2026 (Annexure-A), and direct the same
to be investigated in accordance with law;
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R/SCR.A/15444/2026 JUDGMENT DATED: 03/11/2026
(GJHC240810922026)
c) Issue a writ of mandamus, or any other appropriate
writ, order or direction, directing Respondents No. 3,
and the officers of Isanpur Police Station, not to
interfere with the petitioners' possession of the shop
No. 28/01/01 named "Hindustan Automobiles",
situated at Jaybharat Kabadi Market Ward, Behind
Shalimar Tokis,, Opp. Farha Complex, Ahmedabad,
except in pursuance of an order of a competent civil
court and in accordance with law;
d) Direct Respondents No. 2 and 3 to forthwith
preserve, and place before this Hon'ble Court in a
sealed cover, the CCTV footage of Isanpur Police
Station, including the chamber of the Police
Inspector, the entrance and the reception area, for
09.10.2026 and 10.10.2026;
e) Direct Respondents No. 3 not to summon the
petitioners to the police station orally or by
telephone, and to require attendance, if at all, only
by written notice in accordance with Law;
f) Pending admission, hearing and final disposal of this
petition, Your Lordships may be pleased to direct the
respondent authorities not to take any coercive steps
against the petitioners in connection with the subject
matter of this petition;
g) Pending admission, hearing and final disposal of this
application, grant ad-interim relief in terms of
Prayers (C), (D) and (E), (F);
h) Grant such other and further relief as this Hon'ble
Court may deem just and proper in the interest of
justice.
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R/SCR.A/15444/2026 JUDGMENT DATED: 03/11/2026
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2. Issue Rule to the respondents, returnable forthwith. Learned APP
accepts and waives service of Rule on behalf of respondent Nos.1 to 3.
Respondent No.4 – Mr. Salimkhan Sherkhan Pathan is present in person
before this Court and accordingly accepts and waives service of Rule.
3. Heard learned counsel for the parties at length.
4. At the outset, learned counsel for the petitioner submitted that
though the dispute regarding a small shop situated near Shahalam
Roja, Ahmedabad is pending before the Court, respondent No.4 who is
habitual in making complaints to the police makes frequent complaints,
and in turn, the police is harrassing the petitioner herein. Therefore, she
prayed that the instant petition be allowed and necessary directions be
issued to the respondent authorities, thereby restraining them from
harassing the petitioner.
5. In response, The Investigating Officer present in person before
the Court and has filed his report through the learned APP. The said
report is taken on record. As per the report, the respondent No.4 and
petitioner herein had made numerous complaints against each other. It
emerges from the records that respondent No.4 has made as many as
40 complaints against the petitioner and the petitioner has made as
many as 15 complaints against respondent No.4. Learned APP
submitted that on the basis of the complaints received, preliminary
investigation was conducted and thereafter, necessary actions were
taken as per law.
6. At this juncture, learned counsel for the petitioner submitted that
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the petitioner is being called to the police station station frequently
orally or by telephone and is being harassed.
7. Considering the grievance of the petitioner, the Investigating
Officer is directed not to summon the petitioner to the police station
orally or by telephone henceforth. In case of any further complaints,
Investigating Officer can summon the Petitioner, only by written notice
in accordance with Law.
8. In view of the afore direction, the captioned petition stands
disposed of. Rule is made absolute accordingly.
(MOOL CHAND TYAGI, J)
ARUN
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