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HIGH COURT OF GUJARAT
J.C. DOSHI
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.5075 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, ASI of Gomtipur Police Station had received secret information that opposite Santoshinagar, besides Dera Dhulabhai Patel Chali, one loading rickshaw and one Car were lying abandoned, wherein, illegal foregin 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 submitted that the petitioner is falsely involved in the offence on the basis of statement of co-accused recorded during investigation. It is submitted that that during investigation of FIR, arrested accused has given name of present pet
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 but not admissible as evidence; FIRs cannot be quashed at the initial stage based solely on such statements.
Statements of co-accused can be used as clues for investigation; quashing FIR at initial stage is not permissible.
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 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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