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JASJIT SINGH BEDI
Vinay @ Gandhi – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Jasjit Singh Bedi, J.
The prayer in the petition under Section 482 Cr.PC is for quashing of the case FIR No.71 dated 28.04.2018 under Sections 379-B, 34 IPC and Section 411 IPC (was added later on) registered at Police Station Division No.6, District Police Commissionerate, Jalandhar, Punjab (Annexure P-1), the proclamation order dated 30.10.2019 passed by Judicial Magistrate (NRI Cases), Jalandhar (Annexure P-2) and all subsequent proceedings arising therefrom.
2. The brief facts of the case are that the aforementioned FIR came to be registered at the instance of Narinder Pal Dhanda son of Paramjit who stated that while he along with his friend Ravi were going towards Attari Bazar then two young men came on a motor cycle from behind snatched his I phone and escaped from the spot. The number of the motor cycle was 4880.
3. After the registration of the FIR during the course of the investigation Sanjay @ Mini was arrested in FIR No.86 of 2018 P.S. Division No.6 wherein he suffered his disclosure statement to the effect that he along with his co-accused Vinay @ Gandhi (petitioner) had snatched the mobile phone of Narinder Pal complainant and both the accused were nominated as
The court affirmed that the inherent powers under Section 482 of the CrPC should be exercised sparingly, emphasizing that acquittal of a co-accused does not automatically warrant quashing proceedings....
The acquittal of co-accused does not automatically warrant quashing of charges against an absconding accused; trials may proceed if evidence against absconders remains.
Proceedings may be quashed under Section 482 Cr.P.C. when prosecution witnesses turn hostile and there’s insufficient evidence, indicating a lack of prospect for conviction.
The acquittal of co-accused does not bar the prosecution of other accused who have not faced trial, and each case must be decided on its own evidence.
The court emphasized the power of the court to prevent abuse of the process of the court and secure the ends of justice, as well as the requirement to follow mandatory provisions in criminal proceedi....
Confessions of co-accused alone are insufficient for conviction; substantive evidence is necessary for criminal charges to proceed.
The acquittal of a co-accused does not automatically entitle other accused to quash proceedings; each case must be evaluated on its own merits.
Inherent power given to High Court under Section 482 CrPC is with purpose and object of advancement of justice.
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