Rajasthan High Court - Jodhpur
Sunil vs State on 28 July, 2021
Bench: Pushpendra Singh Bhati
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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