The Supreme Court has quashed an FIR registered under the Gujarat Prohibition Act, 1949, against an accused, holding that subjecting him to trial would amount to an abuse of the process of the court, particularly when similarly placed co-accused had already been granted relief or acquitted.
The case arose from an FIR registered at Khambholiya Police Station, Devbhumi Dwarka, on 29 August 2019 for offences under Sections 65(E), 98(2), 81 and 83 of the Prohibition Act. According to the prosecution’s case, police intercepted a Rajasthan-registered truck transporting liquor. The cleaner was arrested with liqour and on the basis of his statement, the name of the present petitioner was disclosed. Thereafter, the FIR was lodged.
The appellant approached the Gujarat High Court under Section 482 CrPC seeking quashing of the FIR. However, the High Court rejected the plea, holding that at the initial stage of investigation, statements of co-accused could serve as a legitimate clue for further investigation. The High Court also held that, since the charge-sheet had not been filed, it would be improper to quash the FIR at that stage.
Aggrieved by the refusal to quash the FIR, the appellant approached the Supreme Court, claiming parity and contending that he was not named in the FIR. Taking note of the fact that a co-accused similarly situated had already been granted relief, and six other co-accused were subsequently acquitted after full trial, the Bench of Justice Ahsanuddin Amanullah and Justice R. Mahadevan held that “putting the appellant to go through the rigors of trial would be futile and an abuse of the process of the Court.”
Allowing the appeal, the Court quashed the FIR qua the appellant.
Appearances
Petitioner- Mr. Noor Shergill, Adv. Ms. Anuja Pethia, AOR Mr. Rishabh Nigam, Adv. Mr. Rishabh Govila, Adv. Ms. Kshirja Agarwal, Adv.
Respondents- Ms. Swati Ghildiyal, AOR Mr. Nimesh Bhatt, Adv.
