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HIGH COURT OF GUJARAT
J.C. DOSHI
Dashrathbhai Jorubhai Dhadhal (Kathi Darbar) – 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 Prohibition C.R.No.93 of 2007 registered with Botad Police Station, Bhavnagar for the offences under Sections 65(A)(E), 66(b), 81, 98(c) and 116B of the Prohibition Act and all the consequential proceedings arising therefrom.
2. Facts of the case are as under :-
2.1. On 05.07.2007, Mr.H.J.Chaudhary, I/c. Police Inspector of Botad Police Station along with other police constable getting secret information and came to know that prohibited liquor is being transported on motorcycle on Sarangpur road and when they reached at the place, they found two persons and two vehicles and during search, they found liquor in it. The vehicles were intercepted by police personal and raid was carried and accused were arrested with liqour and on the basis of his statement, name of present petitioner is disclosed. 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 prohibited liquor is transported on Sarangpur road and after receiving
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 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.
Statements of co-accused are relevant for investigation and do not warrant quashing of FIR at the initial stage; admissibility is determined later.
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....
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; FIRs cannot be quashed solely based on such statements at the initial stage.
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