The court quashed the FIR against the applicant due to the acquittal of the main accused and lack of evidence, establishing that continuation of prosecution constituted an abuse of process.

ORAL ORDER

1. By way of preferring present application under section 482 of the Code of Criminal Procedure , 1973, the applicant-original accused no.2, seeks to invoke the inherent powers of this Court, inter alia, praying for quashing of the FIR being C.R.No.III-68 of 2018, registered with Paliyad Police Station for the offence punishable under Sections 65(e) and 81 of the Gujarat Prohibition Act , qua the applicant.

2. Heard learned advocate Mr. Dipan Desai for the applicant and learned APP Mr. Jay Mehta for respondent - State.

3. Learned advocate Mr. Desai has submitted that it is the specific case of the prosecution that police officer has received some secret information that one accused viz. Jorubhai Rambhai Dhadhal had kept prohibited article (liquor) in his farm and therefore trap was arranged. The investigating officer called the Panchas and reached to the place of occurrence where they found three persons with liquor. After seeing the members of raiding party, two persons fled away from the spot and one person viz. Jorubhai Rambhai Dhadhal was caught red-handed from the place of occurrence and therefore FIR came to be filed against three accused persons including the present applicant. Learned advocate Mr. Desai has further submitted that pursuant to the registration of the FIR, investigation has been carried out by the investigating officer. He has further submitted that immediately after registration of the FIR, applicant preferred present application and the Coordinate Bench of this Court, vide order dated 23.08.2018, protected the applicant and directed the investigating officer not to take coercive steps against the applicant. However, investigating officer is permitted to carry out the investigation. Hence, the investigating officer has filed charge-sheet against the accused No.1 Jorubhai Rambhai Dhadhal, which was culminated into Criminal Case No.284 of 2019. Therefore, the trial of the aforesaid case commenced and ultimately order of acquittal dated 01.01.2022 qua the aforesaid accused No.1 came to be passed by 3rd Additional Civil Judge & J.M.F.C., Botad. Learned advocate Mr. Desai has tendered simple copy of the said order across the Bar, which is ordered to be taken on record. He has submitted that when the main accused who was caught red-handed and found available with the contraband liquor has been acquitted by the learned Trial Court, continuation of criminal prosecution against the applicant accused is nothing but gross abuse of process of the Court and therefore, FIR in question qua the present applicant accused is required to be quashed.

4. Learned advocate Mr. Desai has further submitted that applicant is not directly or indirectly connected with the commission of crime and he was not found available at the place of occurrence, however, present FIR is politically motivated and therefore applicant has wrongly been arraigned in the offence in question. Learned advocate Mr. Desai has further submitted that immediately after the registration of the FIR, the third accused has preferred anticipatory bail application and he was enlarged on anticipatory bail and charge-sheet is not filed against the said accused. He has further submitted that it is the specific case of the prosecution that present applicant has consumed liquor and thereafter he fled away from the place of occurrence. Learned advocate Mr. Desai has submitted that nothing is recovered at the instance of the present applicant. He has further submitted that if the accusations and allegations levelled against the applicant in the FIR are to be accepted in their entirety, in that event also, the basic and essential ingredients to constitute the offence alleged are not satisfied. He, therefore, urged that pr