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HIGH COURT OF GUJARAT
J.C. DOSHI
Maheshbhai Ramanbhai Solanki – Appellant
Versus
State of Gujarat – Respondent
ORDER :
(J. C. DOSHI, J.)
1. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the First Information Report bearing C.R. No.III-161 of 2019 registered with Vasad Police Station, Anand for the offences punishable under Sections 65(E), 81, 83, 116(B) and 98(2) of the Prohibition Act and the proceedings initiated in pursuant thereto.
2. The facts in brief giving rise to the present petition are that the complainant-respondent No.2 saw three persons standing at one open Farm with one Swift Car and Activa two wheeler as the police got tip regarding the selling of liquor. It is alleged that one ran away with the Swift car after seeing the police and therefore, the police could not see the car number and other two individuals ran away in the farm and therefore, the police could not recognize them. It is alleged in the FIR the police has recovered some liquor and other things with one Activa two wheeler from the scene of offence. It is further stated that the accused persons ran away from the place and the police could not identify them and the petitioner has been falsely implicated in the offence.
3. Learned advocate for the
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 are relevant for investigation and do not warrant quashing of FIR at the initial stage; admissibility is determined later.
Statements of co-accused can guide investigations but are not sufficient for quashing an FIR at the initial stage of proceedings.
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 be used as clues for investigation; FIR cannot be quashed at the initial stage without material evidence.
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 can be used as clues for investigation; FIRs cannot be quashed solely based on such statements at the initial stage.
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