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M. K. THAKKER
JITESH @ JITU NARANBHAI PARMAR (RABARI) – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
M.K. THAKKER, J.
1. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 praying to quash FIR being I - C.R. No. 110 of 2014 registered with Junagadh Taluka Police Station on 16th August, 2014 for the offence punishable under Sections 307 , 323, 504, 114 of the INDIAN PENAL CODE and Section 135 of the GUJARAT POLICE ACT .
2. It is the case of the prosecution that the complainant, namely, Ilyashbhai Babubhai Hothi, had lodged an FIR being admitted at Junagadh Government Hospital in Trauma Ward against 4 accused wherein the name of the present applicants are mentioned as accused Nos. 3 and accused No. 4. It is averred in the FIR that when the complainant was standing near the Saragwada Railway Crossing along with his father on the day of the incident at around 11.45 a.m. at that point of time, accused No. 1 and accused No. 2 were passed and looked towards the complainant and again around 2.00 to 2.30 when the complainant was sitting near the Vadli Chowk at Saragwada village, the accused No. 3 i.e. present applicant No. 2 was having an axe. accused Nos. 1 and 2 both having an iron rod and accused No. 4 i.e. present applicant No. 1 started assa
The court held that an FIR alleging cognizable offences cannot be quashed merely based on claims of disability or false implication; the truth of allegations is to be assessed at trial.
The court ruled that an FIR cannot be quashed based on allegations of mala fides if it discloses cognizable offences, emphasizing the necessity of a trial to assess the truth of the allegations.
The Court emphasized that the determination of the truthfulness of allegations and sufficiency of evidence is within the domain of the trial court, and the exercise of inherent power to quash the FIR....
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