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HIGH COURT OF GUJARAT
JCD
KAMLESH RAMJILAL SHARMA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
J. C. DOSHI, J.
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the FIR being I-C.R.No.5076 of 2014 registered with Gomtipur Police Station, Ahmedabad for the offences under Sections 66(b), 65(A),(E), 116(B) and 81 of the Prohibition Act and all the consequential proceedings arising therefrom.
2. The facts narrated in the petition are stated as under:
2.1 On 16.03.2014, Gomtipur Police Station had received secret information that near Gomtipur Rakhail Road, near Green Hotel, one Swaraj Mazda No.GJ-1-DT-1213 was lying abandoned, wherein, illegal foreign liquor was found. Thus, FIR was filed. During interrogation of one Vikramshinh who was arrested, had given name of the petitioner. Thus on the basis of his statement, name of present petitioner is disclosed.
3. Heard learned advocates for the parties.
4. Learned advocate for the petitioner after referring to charge sheet paper on record would submit that in the present case, for involvement of petitioner in the alleged offence, no statement of independent witness is recorded. It is submitted that statement of police constable is recorded to imp
The High Court cannot assess the reliability of evidence or conduct a mini trial when considering an application under Section 482 of the Code of Criminal Procedure.
Statements of co-accused can guide investigations and cannot be dismissed at the pre-trial stage; FIRs should not be quashed unless no cognizable offence is disclosed.
Statements of co-accused can be used as clues for investigation; quashing FIR at initial stage is not permissible.
Statements of co-accused, while inadmissible at trial, are relevant for guiding initial investigations, and FIRs cannot be quashed solely on this basis.
Co-accused statements are relevant for investigation but inadmissible as evidence; FIR cannot be quashed at the initial stage based solely on such statements.
Statements of co-accused can guide investigations but are not sufficient for quashing an FIR at the initial stage of proceedings.
Statements of co-accused are relevant for investigation and do not warrant quashing of FIR at the initial stage; admissibility is determined later.
Statements of co-accused can be used as clues for investigation; FIR cannot be quashed at the initial stage without material evidence.
Statements of co-accused are relevant for investigation but not admissible as evidence; FIRs cannot be quashed at the initial stage based solely on such statements.
The court ruled that an FIR cannot be quashed at the initial stage of investigation if it discloses a cognizable offence, emphasizing the relevance of co-accused statements for further investigation.
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