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HIGH COURT OF GUJARAT
J.C. DOSHI
Firoz Hasambhai Menu – Appellant
Versus
State of Gujarat and Another – Respondent
ORDER :
(J.C. DOSHI, J.)
1. By way of this applications 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.137 of 2019 registered with DCB Police Station, Rajkot for the offences under Sections 65(E), 116(B), 81 and 98(2) of the Prohibition Act and all the consequential proceedings arising therefrom.
2. Facts of the case are as under :-
2.1. On 25/12/2019, PSI, DCB Police Station, Rajkot received a secret information to the effect that accused are illegally carrying the liquor in the truck and thereby doing illegal business of liquor. 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 petitioner is disclosed. Total muddamal of Rs.29,77,200/- including the vehicles and mobile phone came to be seized by the police authority. Hence, FIR is lodged.
3. Heard learned advocates for the parties.
4. Learned advocate for the petitioners submitted that the petitioners are falsely involved in the offence on the basis of statement of co-accused recorded during investigation. It is submitted that applicant was fa
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 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.
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 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 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, while inadmissible at trial, are relevant for guiding initial investigations, and FIRs cannot be quashed solely on this basis.
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, while inadmissible at trial, can guide initial investigations and do not warrant quashing of FIRs at the preliminary stage.
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