In a recent ruling by the Gujarat High Court, the petitioner’s plea to quash the FIR in the case related to accused No.1’s gang has been denied. The court’s decision sheds light on the legal process and highlights the implications for the petitioner in this case. Stay informed about the latest developments in this crucial legal matter!
Arguments
- The petitioner has prayed for the quashing of the FIR dated 26.08.2022 registered against them under various sections of the IPC.
- The only role attributed to the petitioner in the FIR is reportedly carrying a revolver at a meeting in the office of accused No.1.
- The FIR is challenged on grounds of lack of specificity in the allegations against the petitioner and the delay in its registration.
- The learned advocate for the petitioner argues for quashing the FIR citing a Supreme Court decision emphasizing the importance of prompt lodging of FIRs.
- The respondent argues against quashing the FIR based on the filing of the charge-sheet which allegedly discloses the active participation of the petitioner in the offense.
- The petitioner’s advocate contends that the filing of the charge-sheet should not bar the consideration of the petition under Section 482 of the Cr. P.C., as supported by Supreme Court precedents.
- The petitioner prayed for dismissal of the petition.
- An FIR was registered against the petitioner and others after an order by the Police Commissioner, Surat.
- Delay in investigation or proceedings against the petitioner is not justified, considering the criminal history of accused No.1 and the close association of the petitioner with him.
- Once the charge-sheet is filed and the role of the petitioner is established, the petitioner can file for discharge if they claim innocence.
- The FIR indicates that the first informant sought recovery outside legal means from accused No.1, casting doubt on the intention behind the FIR against the petitioner.
- Accused No.1 has a significant criminal record with 35 FIRs and is currently in jail under the GUJCTOC Act.
- The petitioner is alleged to be a member of the gang of accused No.1, known for terrorizing Surat.
- The FIR against the petitioner is seen as an abuse and misuse of legal process, aimed at recovering proceeds of crime.
Analysis
- The charge-sheet has been filed against the present applicant, indicating the strengthening of the facts presented before the court.
- The court has listened to arguments from both parties’ learned advocates and reviewed the case record extensively.
- Upon examination of the record, it is evident that the FIR alone outlines the commission of an offense by the present applicant.
- The present applicant is believed to have actively participated in the offense in question.
- Prima-facie offense has already been disclosed and charge-sheet is filed.
- Due to the active participation of the present applicant, the petition under Section 482 of Criminal Procedure Code and Article 226 of the Constitution of India is not entertained.
Decision
- The present petition is required to be dismissed.
- The petition is dismissed.
Case Title: NAKHVA FARUKBHAI ISMAILBHAI @ FAROOQ MAULANA Vs. STATE OF GUJARAT
Case Number: R/SCR.A/6917/2024
