This order allows a writ petition quashing an FIR and chargesheet by directing the respondent to consider the petitioner's claim that the vehicle was reported missing before its seizure for calculation of charges at the time of framing.
Directed respondents to decide the prayer at the time of framing of charges considering prior theft report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Writs No. 467/2018
Sham Ji Bhai S/o Shri Moma Bhai Chawda, Aged About 52 Years, By Caste Ahir, Resident Of Gurukripa Society, Galpadar, Tehsil Gandhidham, District Kutch (Gujrat)
----Petitioner
Versus
State, Through Pp
| ----Respondent | |||
|---|---|---|---|
| For Petitioner(s) | : | Mr. LR Punia | |
| For Respondent(s) | : | Mr. JP Bhardwaj, PP |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
18/01/2019
`The petitioner has preferred this petition claiming following
relief:-
It is therefore most respectfully prayed that your lordship may be pleased to allow this writ petition and quashed the FIR and charge sheet qua the petitioner lodged against the petitioner as FIR No. 51/2017-18 dated 13.10.2017 of P.S. Excise Circle Balotra. The respondent may be directed to conduct the fair investigation and charge sheet may not be filed against the petitioner. Any other appropriate order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. “
Learned counsel of the petitioner made a limited prayer that at the face of the allegation the same is not made out against the present petitioner who was the owner of the vehicle bearing No. GJ12-AT-8489. He further submits that on 11.10.2017 he has lodged a report of missing of the vehicle and such report is supported by the statement of constable Shri Mahendra Singh who issued a receipt upon the complaint. Learned counsel for the
(2 of 2)
[CRLW-467/2018]
petitioner submits that he has challenged the FIR on absolute count. Learned counsel has demonstrated the factual position from the statement of Mahendra Singh which he has produced along with chargesheet.
We dispose of this petition directing the respondents to decide the present prayer of the petitioner at the time of framing of charges while taking into account the fact whether the petitioner had already reported theft of the vehicle in question at the time when it was seized by the Police for violation under the Excise Act.
(DR.PUSHPENDRA SINGH BHATI),J
ns. 57-
Sham Ji Bhai S/o Shri Moma Bhai Chawda
State, Through Pp
DR. PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
