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VAIBHAVI D. NANAVATI
Krimpi Distilleries – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. Heard Mr. Nandish H. Thackar, the learned advocate appearing for the applicants and Ms.Maithili D. Mehta, the learned Additional Public Prosecutor appearing for the respondent No.1 -State.
2. Though served, respondents Nos.2 and 3 have chosen not to appear before the Court.
3. By way of the present application the applicant herein has invoked Section 482 of Criminal Procedure Code, 1973 praying for quashing of FIR being C.R. No.III-12 of 2010 registered with Valsad City Police Station, Valsad, dated 01.02.2010 under the provisions of Sections 336, 273, 284, 468, 471, 474, 477(B), 120(B), 114 of Indian Penal Code and Sections 66(1)B, 65(B), (C), (E), (F), 81 and 83 of the Bombay Prohibition Act, 1949 and further proceedings pursuant thereto qua the applicant.
4. On 01.02.2010, the respondent No.2 herein filed a complaint at about 02.15 hours; at Valsad City Police Station, District : Valsad, against twenty accused persons named therein. The applicant herein is accused No.4 in the said complaint. It is stated by the complainant that he was given the responsibility of finding and controlling serious organized crime at LCT. Further, Valsad being the adjoining to the union Territ
The main legal point established in the judgment is the right to speedy trial and the requirement of evidence to sustain criminal proceedings.
If the exoneration in the departmental proceedings is on merits and the allegations are found to be not sustainable, the criminal prosecution on the same set of facts cannot be allowed to continue.
Point of law : If allegations in the departmental inquiry could not be proved on merit and the person is held to be innocent, criminal prosecution on the said facts cannot be permitted to be continue....
The court affirmed the validity of FIRs registered by different agencies for distinct offences, emphasizing the necessity of ongoing investigations into serious allegations of corruption and money la....
Criminal proceedings cannot continue if the accused has been exonerated in departmental inquiries for identical charges, due to the higher standard of proof required in criminal cases.
Exoneration in departmental proceedings does not automatically quash criminal proceedings, which must be determined based on evidence in court.
The High Court may exercise inherent powers under Section 482 Cr.P.C. to quash criminal proceedings if the dispute involves compoundable offences under the Excise Act to prevent the abuse of process ....
(1) Merely because on same set of facts with same allegations and averments earlier complaint is filed, there is no bar to lodge FIR with police station with same allegations and averments. However, ....
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