KIRTBHAI VASANTBHAI GOHEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As common question of law and facts arise in both these applications and arising out of a common complaint as well as charge sheet, they are being disposed of by this common judgment and order.

(2.) A criminal complaint came to be filed by the respondent No.2,- Registrar of Gujarat Pharmacy Council being C.R. No. I 245 of 2002 with the Meghaninagar Police Station against five accused persons (not the petitioners) for the offence punishable u/s 406, 420, 465, 468, 471, 511, 120-B and 114 of the IPC and after the investigation, the charge sheet came to be filed by the concerned Investigating Officer on 29-12-2004 against the ten accused inclusive of the petitioners. Being aggrieved by the same, the petitioners, original accused No.10 (petitioner of Criminal Misc. Application No.2321 of 2006) as well as the petitioners, - original accused Nos.6 and 7 (petitioners of Criminal Misc. Application No.8454 of 2006) have preferred both these applications for quashing the complaint as well as the charge sheet thereof qua the petitioners.

(3.) Shri PM Thakkar, ld. Senior advocate appearing in Criminal Misc. Application No.8454 of 2006 and Shri Mehul Sharad Shah, learned advocate appearing in Criminal Misc. Application No.2321 of 2006 have submitted that the petitioners were not named in the FIR and subsequently also, the complaint did not involve the petitioners in the crime. It is submitted that during the course of the investigation, the Investigating Officer has not collected any evidence against the petitioners and only on the basis of the statement of the co-accused, the petitioners have been involved in the offence. It is submitted that the statement of the co-accused is not a part of the charge sheet and has no evidenciary value in the eye of law. It is submitted that in the entire charge sheet papers, there is no whisper about the petitioners, even then the petitioners are shown as accused Nos.6,7 and 10 in the charge sheet. It is submitted that during the course of the investigation also, no incriminating material is found against the petitioners. It is also submitted that handwriting of the petitioners was sent to the FSL but the reports are negative. It is submitted that there is no material and/or evidence against the petitioners for the commission of the offence alleged for which charge sheet is filed and therefore, it is requested to quash the complaint as well as the charge sheet qua the petitioners. It is submitted that considering the above, to continue the criminal proceedings against the petitioners would be unnecessary harassment to the petitioners and the same would be abuse of process of law. Under the circumstances, it is requested to exercise the powers u/s 482 of Criminal Procedure Code.