ALZUBER AMANULLA KHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr.Saurin Shah on behalf of the petitioner and learned APP Ms. Mehta for the respondent State.

(2.) By way of this petition, the petitioners prays for quashing of the impugned FIR being C. R. No.I-89 of 2012 registered with Umbergaon Police Station for the offences punishable under Ss. 395 , 452 , 411 , 120B and 34 of IPC.

(3.) Learned Advocate Mr.Shah for the petitioner would submit that while neither the FIR nor the charge-sheet shows the present petitioner as an accused, subsequently in the supplementary charge-sheet filed by the Investigating Officer on 4/4/2016, the present petitioner is shown as an accused. Learned Advocate Mr.Shah would draw the attention of this Court to the specific allegation in the charge-sheet against the present petitioner being that he was recipient of US $ 1500, which also was stated to be a part of proceedings of the crime. Learned Advocate Mr.Shah would take this Court through the charge-sheet and would submit that there is no material in the charge-sheet, whereby the present petitioner could be stated to have any role in the principal offence. Learned Advocate Mr.Shah would submit that at the relevant point of time, though it is not clear from the investigating papers, the present petitioner being a student might have purchased US $1500 from the accused absolutely unknowingly, more particularly since he wanted to go abroad for the purpose of higher studies. Learned Advocate Mr.Shah would submit that even otherwise from the papers of investigation, nothing is coming out as against the present petitioner, except that he was recipient of the said US $1500. Mr.Shah would, therefore, submit that having regard to such circumstances, this Court may quash the impugned FIR and all further proceedings, including the supplementary charge-sheet as well as the Criminal Case arising therefrom, more particularly since there is no material worth the name against the present petitioner.