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HEMANT M. PRACHCHHAK
Sterling Auxiliaries Pvt. Ltd. Through Subhaschandra Shyamkant Mohoniry Chandrwre – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. background and context for the petition requesting quashing of fir. (Para 1 , 6) |
| 2. court's review of applicable licenses and compliance with safety regulations. (Para 8 , 11 , 13 , 15 , 16) |
| 3. arguments presented by both sides regarding the fir's validity. (Para 9 , 10) |
| 4. court's conclusion on the error in criminal prosecution. (Para 17) |
| 5. final ruling allowing the petition and quashing the fir. (Para 20) |
JUDGMENT :
Hemant M. Prachchhak, J.
1. By way of present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioners have prayed for quashing and setting aside F.I.R. bearing No. II. 01 of 2018 registered with Dahej Marine Police Station, Dist. Bharuch for the offence punishable under Section 6 of the POISONS ACT , 1919 (hereinafter referred to as the “Act”) and to quash all other consequential proceedings arising out of the aforesaid FIR qua the petitioners.
2. At the outset, Mr. Dharmesh Devnani, learned advocate for the petitioners has submitted that petitioner No.3 i.e. Niren Prabhulal Jhaveri has passed away on 23.5.2021. Learned advocate for the petitioners has produced on record the death certific
The court ruled that petitioners were not criminally liable under the Poisons Act, affirming that they held valid licenses and there was no negligence resulting from the incident leading to the FIR.
The registration of multiple FIRs is permissible if they pertain to different causes of action or involve different parties, even if they arise from the same incident.
The court can quash criminal proceedings if the allegations are inherently improbable and lack material support, exercising inherent powers under Section 482 of the CrPC.
Point of Law : For want of the inspection report before this Court, it cannot be presumed that the substance of the inspection report or the summary of the documents was furnished and that the summar....
The court emphasized that allegations in an FIR must establish a prima facie case for prosecution, and mechanical charge-sheets without credible evidence can be quashed under Section 482 of the Cr.P.....
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