VIMAL GHANSHYAMBHAI MANIYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973, the applicants have prayed to quash and set aside the FIR being C.R.I-No.53 of 2019 registered with Sihor Police Station, for the offences under Ss. 406, 420, 120B and 34 of Indian Penal Code and all the consequential proceedings arising therefrom.

(2.) Brief facts of the case are as under :-

(3.) On the other hand, learned APP Mr.Joshi for the respondent - State referring to recent judgment in the case of State of Rajashtan v/s. Surendra Singh Rathore [2025 INSC 248] would submit that first FIR is registered against unknown persons for the commission of offence under Sec. 65(A), 65(E), 81,83, 116-B, 98 of the Prohibition Act on the ground that 7211 bottles of Indian made foreign liqour worth Rs.21,63,300.00 was found from the possession of accused. State Monitoring Cell has raided upon getting secret information that Indian made foreign liquor is transported in trailer under lime bags. Having received some information, police has continued following the vehicle in which Indian made foreign liquor was transported and same was intercepted, where it was found that Indian made foreign liqour was being uploaded. Accused Vimal Ghanshaym Maniyar was arrested on the spot for the said offence and multiple phones were recovered from his possession. Learned APP submits that in the investigation it was found that Sim card recovered from the accused are obtained from documents belonging to third party and therefore, second FIR is quite different and distinct. Learned APP further submitted that since scope and ambit of both the FIR are in different perspective, the Court should not quash the questioned FIR on the ground that it is second FIR. In order to attract questioned FIR as second FIR, it has to be established by the petitioner that subsequent FIR is part of incident alleged in the first FIR. If two incidents are separate and distinct but during investigation of first FIR, some material is found, registration of second FIR is permissible.