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KULDEEP MATHUR
Kailash Chandra – Appellant
Versus
State of Rajasthan Through PP – Respondent
ORDER
1. By way of filing present criminal miscellaneous petition under Section 482, Cr.P.C., the petitioner has prayed that FIR No.0109/2020 lodged at P.S. Bassi, District Chittorgarh and investigation initiated pursuant thereto may be quashed and set aside to the extent it relates to the present petitioner.
2. Briefly stated facts of the case are that on 01.10.2020, the contraband (opium) weighing 29kg 850gms was recovered by Investigating Agency from the conscious possession of co-accused Keshu Ram Banjara, Gopal Dhakkar and Pintu Banjara.
3. The co-accused Gopal Dhakkar during interrogation, disclosed the name of the present petitioner under Section 27 of the Evidence Act.
4. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the case, solely on the basis of the statements of co-accused Gopal Dhakkar. Learned counsel vehemently submitted that there is no iota of evidence available on record which could connect him with the alleged recovery of contraband, therefore, investigation qua him is nothing but an abuse of process of law and deserves to be quashed and set aside.
5. Per contra, learned Public Prosecutor submitted that during inv
The court's inherent powers under Section 482 Cr.P.C. to quash FIRs and investigations should be exercised sparingly and only in exceptional circumstances, as outlined in the guidelines laid down by ....
The court cannot quash an FIR based on the correctness of allegations at the stage of Section 482 Cr.P.C. without sufficient grounds.
Inherent power given to High Court under Section 482 CrPC is with purpose and object of advancement of justice.
Confessions of co-accused alone are insufficient for conviction; substantive evidence is necessary for criminal charges to proceed.
Power under Section 482 CrPC has to be exercised sparingly and cautiously to prevent abuse of process of any Court and to secure ends of justice.
The scope for quashing FIRs under Section 482 of CrPC is limited and requires concrete grounds showing no cognizable offences are disclosed.
The main legal point established is that the absence of evidence connecting the accused with the alleged offence, combined with the lack of recovery from the accused, can justify the quashment of FIR....
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