SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Raj) 897

KULDEEP MATHUR
Kailash Chandra – Appellant
Versus
State of Rajasthan Through PP – Respondent


Advocates Appeared:
Mr. Kuldeep Singh Kumpawat, Advocate, for the Appellant; Mr. Shrawan Kumar, P.P., for the 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

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top