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HIGH COURT OF GUJARAT
JCD
BHANWAR KHEMRAJ MEWARA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(J.C. DOSHI, J.)
1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent-State.
2. 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 Prohibition C.R. No.5073 of 2019 registered with DCB Police Station, Ahmedabad City for the offences punishable under Sections 65(A)(E), 81, 83, 98(2), 116(B) the Gujarat Prohibition Act and under Sections 465, 468 and 471 of the Indian Penal Code (IPC) and the proceedings initiated in pursuant thereto.
3. The facts giving rise to the present petition are that the petitioner was earlier having a licensed shop of liquor for a period of one year in the year 2017-2018 and was running the said shop as per rules and regulations. When the petitioner was operating this licensed shop, several persons used to come to this shop but no offences of prohibition were registered against the petitioner either in Rajasthan or Gujarat. It is urged that several persons used to come to take liquor illegally to which the petitioner refused and hence because of animosity, the present FIR has been registered and th
The court exercised its inherent powers under Section 482 to quash an FIR due to lack of prima facie evidence against the petitioner, emphasizing the need to prevent abuse of judicial process.
The court quashed the FIR as it did not disclose a cognizable offence and the delay in filing was unexplained, emphasizing the need to prevent abuse of legal processes.
The main legal point established in the judgment is the court's power to quash proceedings under Section 482 of the CrPC to prevent abuse of the process of law and to secure the ends of justice.
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.
It surprises us in the extreme that the High Court thought that in the exercise of its inherent powers under Section 482 of the Code of Criminal Procedure, it could quash a first information report. ....
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.
The power under Section 482 of Cr.P.C. should be exercised sparingly and with caution, especially in cases where investigation is pending, and does not permit the court to go into disputed questions ....
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