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HIGH COURT OF GUJARAT
J.C. DOSHI
Vijaybhai Babubhai Patel – Appellant
Versus
State of Gujarat – Respondent
ORDER :
J. C. DOSHI, J.
1. By way of this applications under Section 482 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the FIR being Prohibition C.R.No.11214046201726 of 2020 registered with Palsana Police Station for the offences under Sections 65(E), 81, 98(2) and 116(b) of the Prohibition Act and under Section 467, 468 and 471 of the Indian Penal Code and all the consequential proceedings arising therefrom.
2. Facts of the case are as under :-
2.1. The FIR is registered by Mr. C.M.Gadhvi Police Sub Inspector, Palsana Police Station, Surat Rural on 30/10/2020 at 18:00. It is alleged in the FIR that since it was Id-Milad festival on 30/10/2020 he was on duty along with other police officials and they were patrolling in government as well as private vehicles, it is further stated that when they had reached near Dastan Railway Crossing a Tempo Vehicle overtook the police vehicle on very high speed, therefore the complainant along with other police officials chased down the tempo vehicle, the tempo vehicle was bearing registration number MH-48-AG-5369 and two persons were sitting in the vehicle, it is alleged that upon inquiring from the driver
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 are relevant for investigation but not admissible as evidence; FIRs cannot be quashed at the initial stage based solely on such statements.
Statements of co-accused, while inadmissible at trial, are relevant for guiding initial investigations, and FIRs cannot be quashed solely on this basis.
Statements of co-accused, while inadmissible at trial, can guide initial investigations and do not warrant quashing of FIRs at the preliminary stage.
Statement of co-accused is relevant under Section 10 of Evidence Act for the purpose of carrying out further investigation – At initial stage of registration of FIR and starting of investigation on t....
Statements of co-accused are relevant for investigation and do not warrant quashing of FIR at the initial stage; admissibility is determined later.
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 can be used as clues for investigation; FIR cannot be quashed at the initial stage without material evidence.
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