Sunil vs State

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 3294/2021

Devendra R Parihar @ Bassi S/o Ramphul Singh Parihar, Aged
About    39   Years,    C-103,       Shubham           Galaxy,    Nikol   Road,
Navanaroda, Ahmedabad City, Ahmedabad (Gujarat).
                                                                   ----Petitioner
                                   Versus
1.      State, Through Pp
2.      Omprakash, S.h.o., Police Station Abu Road City, Dist.
        Sirohi.
                                                                ----Respondents
                             Connected With
              S.B. Criminal Misc(Pet.) No. 3279/2021
Vijay Murlidhar Udhwani S/o Murlidhar Rajaldas Udhwani, Aged
About 41 Years, A-8, Vallabh Complex, Opposite Aradhana
Bhavan, Ajwa Road, Vadodara (Gujarat).
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Pp
2.      Omprakash, S.h.o. Police Station Abu Road City, Dist.
        Sirohi.
                                                                ----Respondents
              S.B. Criminal Misc(Pet.) No. 3295/2021
Sunil S/o Moti Lal, Aged About 76 Years, R/o 76, Navaghar
Ghati, Tehsil Maoli, Gandoli, Udaipur (Raj.).
                                                                   ----Petitioner
                                   Versus
1.      State, Through Pp
2.      Omprakash, S.h.o., P.s. Abu Road City, Dist. Sirohi.
                                                                ----Respondents


For Petitioner(s)        :     Mr. C.S. Kotwani
For Respondent(s)        :     Mr. Farzand Ali, GA cum AAG with
                               Mr. Mahipal Bishnoi PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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                                     Order

28/07/2021

1.   In wake of second surge in the COVID-19 cases, abundant

caution is being maintained, while hearing the matters in Court,

for the safety of all concerned.

2.   These criminal misc. petitions have been preferred seeking

quashing of FIR No.87/2021 lodged at Police Station Abu Road

City, District Sirohi for the offences under Sections 19, 54, 14 and

57 of the Rajasthan Excise Act.

3.   Learned counsel for the petitioners submits that there is no

direct evidence against the present petitioners, however, they

have been implicated solely on the evidence given by the co-

accused. Learned counsel further submits that it is a settled law

that unless there is some direct or corroborative evidence, the

arraying of the petitioners ought to be interfered with by the

Court.

4.   In support of his contention, learned counsel for the

petitioners relied upon the judgment rendered by this Court in

Chirag Dave Vs. State of Rajasthan (S.B. Criminal Misc.

Petition No.4032/2018, decided on 20.02.2019).

5.   Learned GA cum AAG however, submits that if at all any

corroborative evidence has to be found, then the matter is

required   to   be   intensively       investigated,         and    without   such

investigation, the police cannot reach at a conclusion as to

whether the statement of the co-accused is the sole basis of

arraying of the petitioners or not, and thus, to answer this

question, investigation needs to be carried out. He further submits

that the petitioners-Vijay Murlidhar Udhwani and Sunil have grave

criminal antecedents against them, and thus, they being seasoned

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                                   criminals, protection of the Court may be withdrawn, so that

                                   proper investigation can be made.

                                   6.   Learned GA cum AAG also submits that petitioner-Devendra

                                   R. Parihar @ Bassi was brought on production warrant, as he was

                                   already in custody.

                                   7.   After hearing learned counsel for the parties as well as

                                   perusing the record of the case, alongwith the factual report

                                   furnished by the learned Public Prosecutor, this Court finds that

                                   the investigation is going on, and looking into the grave

                                   antecedents of Vijay Murlidhar Udhwani and Sunil, no interference

                                   at this stage is called for. Moreover, since petitioner-Devendra R.

                                   Parihar has already been brought on production warrant, and

                                   therefore, on that count also, no interference is called for at this

                                   stage.

                                   8.   The aforementioned judgment cited by learned counsel for

                                   the petitioners is not applicable in the present case, as the facts of

                                   that case are totally different from the facts of the present case,

                                   apart from the glaring fact that one of the petitioners has

                                   criminal antecedent of 87 cases of similar nature against

                                   him, and others also have grave criminal antecedents.

                                   9.   Consequently,      the     present       petitions       are   dismissed.    All

                                   pending applications also stand dismissed.



                                                                   (DR.PUSHPENDRA SINGH BHATI),J.

15-17-SKant/-

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