NAGJI SOMAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This matter is called out twice today. Learned advocate appearing for the petitioner is absent on both the occasions. Under the circumstances, this Court has no other alternative but to proceed further with the present application ex-parte.

(2.) By way of this application u/s 482 of Criminal Procedure Code, the applicant has prayed to quash and set aside the impugned FIR No. 5452/2006 filed before Amraiwadi Police Station, Ahmedabad for the offence punishable u/s 66(B),65 A-E,81 and 116 (B) of the Bombay Prohibition Act, 1949.

(3.) In the facts and circumstances of the present case and considering the prayer of the accused to quash the FIR solely on the ground that except the statement of the co-accused, there is no other material and/or evidence and therefore, the FIR is to be quashed and set aside, is negatived by this Court by judgment and order rendered in Criminal Misc. Application No.1509 of 2007 and allied matters. This Court has relied upon the decision of the Hon'ble Supreme Court in the case of Mohd. Malek Mondal V. Pranjal Bardalai and another reported in 2005(10) SCC 608 and considering the same, this Court has held that at the initial stage of investigation, the said ground is not required to be considered and on the ground that except the statement of the co-accused, there is no other material and/or evidence and therefore, the complaint is to be quashed and set aside, has been negatived by this Court by holding that at the initial stage, the same is not required to be considered, more particularly, when the accused are still to be interrogated.