HIGH COURT OF GUJARAT
J.C. DOSHI
Arif Amirmiya Pirjada – Appellant
Versus
State of Gujarat – Respondent
ORDER :
J. C. DOSHI, J.
1. Both the applications are arising from same FIR, therefore, they are disposed of by this common order.
2. By way of this applications under Section 482 of the Code of Criminal Procedure, 1973, the applicants have prayed to quash and set aside the FIR being No.C.R.No.III-594 of 2019 registered with Khambholiya Police Station, Devbhumi Dwarka for the offences under Sections 65(E), 98(2), 81 and 83 of the Prohibition Act and all the consequential proceedings arising therefrom.
3. Facts of the case are as under :-
3.1. On 29.08.2019, PSI of Khambholiya Police Station along with other police constable getting secret information and came to know that one Rajasthan passing truck will come from Jamnagar side, and accused nos.2 and 3 are doing illegal business of liquor in partnership. The truck was intercepted by police personal and raid was carried and cleaner was arrested with liqour and on the basis of his statement, name of present petitioners is disclosed. Hence, FIR is lodged.
4. Heard learned advocates for the parties.
5. Learned advocate for the petitioners submitted that it is stated in the complaint that truck loaded with liquor was coming from Rajasthan and a
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, can guide initial investigations and do not warrant quashing of FIRs at the preliminary stage.
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; quashing FIR at initial stage is not permissible.
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 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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