By this application under Section 482 of Code of Criminal Procedure, 1973 (the Code), the petitioner seeks quashment of the proceedings of Criminal Case No.3950 of 2004 pending in the Court of the learned Chief Judicial Magistrate, Surat qua the present petitioners.
The facts stated briefly are that a first information report being DCB Police Station, Surat III C.R. No.5551 of 2004 came to be registered for the offences punishable under Sections 66(1), 81 and 82 of the Bombay Prohibition Act against several accused persons. Subsequently, it appears that the name of the petitioner was also disclosed during the course of investigation.
Upon completion of investigation, the chargesheet was submitted and the case was registered as Criminal Case No.3950 of 2007, which is pending before the Court of the learned Chief Judicial Magistrate, Surat.
Heard Mr.Daifraj Havewalla, learned advocate for the petitioner and Mr.M.R.Mengdey, learned Additional Public Prosecutor for respondent State of Gujarat.
Mr.Havewalla, learned advocate for the petitioners has submitted that, in case of co-accused Rupesh Jayvadan Kapadia, this Court vide judgement and order dated 26.10.2005, has quashed the complaint. It is submitted that the present petitioner stands on even better footing than the said co-accused. It is submitted that in the circumstances, on the ground of parity, the complaint in question is required to be quashed qua the present petitioner also.
Mr.M.R.Mengdey, learned Additional Public Prosecutor, after taking instructions from the concerned Investigating Officer, is not in a position to dispute the aforesaid position.
In the case of a co-accused Rupesh Jayvadan Kapadia, this Court vide judgement and order dated 26th October, 2005 delivered in Criminal Miscellaneous Application No.10044 of 2005, has held that no prima facie case is made out against the said petitioner and that, neither the complaint nor the chargesheet discloses any offence against the said petitioner. In the said view of the matter, the Court was of the opinion that the case against the said petitioner is not required to be tried by the Criminal Court and accordingly, quashed the complaint qua the said accused.
In view of the fact that it is an admitted position that the petitioner stands on an even better footing than the said accused, this petition is required to be allowed by quashing the first information report in question qua the present petitioner.
For the foregoing reasons, the petition succeeds and is, accordingly, allowed. Criminal Case No.3950 of 2004 pending in the Court of the learned Chief Judicial Magistrate, Surat, arising out of the first information report being DCB Police Station, Surat III C.R. No.5551 of 2004, is hereby quashed qua the present petitioner. Rule is made absolute accordingly.
Direct service is permitted.
[HARSHA DEVANI, J.] parmar* Top