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HIGH COURT OF GUJARAT
J.C. DOSHI
Ashok Ishwarbhai Vasava – 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 No.C.R.No.III-744 of 2019 registered with Valiya Police Station, Bharuch for the offences under Sections 65(a)(e) and 81 of the Prohibition Act and all the consequential proceedings arising therefrom.
2. Facts of the case are as under :-
2.1. On 28.11.2019, A.H.C. Bhupendrabhai Rameshbhai of Valiya Police Station along with other police personnel getting secret information and came to know that accused persons bought English liquor and hide the same in village Kondh. They carried out raid at the spot but they could not found the accused persons present there. But whey they carried out search at the spot, they found various bottles of liquor. Hence, FIR is lodged.
3. Heard learned advocates for the parties.
4. Learned advocate for the petitioners submitted that it is stated in the complaint that when the raid was carried out, no one was present there. It is also submitted that the muddamal was found at public place, where anyone can kept the prohibited liquor. He would submit that the petitioner has no criminal ant
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 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.
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 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.
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.
Statements of co-accused, while inadmissible at trial, can guide initial investigations and do not warrant quashing of FIRs at the preliminary stage.
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