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HIGH COURT OF GUJARAT
J.C. DOSHI
Dharmendra @ Dhamo Jethalal Baria – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
(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 No.C.R.No.11186008210185 of 2021 registered with Una Police Station, Gir Somnath for the offences under Sections 65(E), 81, 83, 98(2), 99 of the Prohibition Act and all the consequential proceedings arising therefrom.
2. Facts of the case are as under :-
2.1 That the First Information Report is lodged by the respondent no. 2 on 09.02.2021 for the incident which is alleged to have occurred on the same day. The first informant and the other police personnel were on patrolling duty, at that time, Mr. P.P. Bambhaniya the Police Head Constable received a secret information that one silver coloured Innova car bearing registration no. GJ-06-BL-2034 would come from Ghoghla towards Una and the said car is loaded with Indian made foreign liquor. It is alleged that on receiving the said information the first informant along with the other police personnel were waiting for the said car near Delvada Petrol pump. It is alleged that as soon as the said vehicle reached Delvada Petrol pump, the same was stopped and on checking
Statements of co-accused can be used as clues for investigation; FIRs cannot be quashed solely based on such statements at the initial stage.
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 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 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.
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 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 but are not sufficient for quashing an FIR at the initial stage of proceedings.
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....
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