- (1.) This petition has been filed u/s 482 Cr.P.C . 1973 for quashing of the FIR NO.172/2020 registered at Police Station Khairthal, Bhiwadi for the offence u/s 19/54 of the Rajasthan Excise Act and Section 120B IPC.
(2.) Counsel for the petitioner submits that the name of the petitioner has wrongly been mentioned and he has no connection with the said allegation in the FIR and therefore the FIR should be quashed.
(3.) In the opinion of this court, the criteria of quashing the FIR has been laid down in judgment passed by the Supreme Court in the case of State of Haryana & Others Versus Ch. Bhajan Lal & Others, AIR 1992 SC 604 and another recent judgment Tilly Gifford Vs. Michael Floyd Eshwar & Another reported in 2018(11) SCC 205. The Supreme Court has again examined the scope under Section 482 Cr.P.C of the High Court and has held as under: "Apart from drawing our attention to the initial complaint dated 02.03.2013, which was registered as a petition by the jurisdictional police station and the F.I.R. registered on 11.03.2013, Shri Jethmalani has read out the statements of Smt. Sharadhadevi, Shri S.E. Nagesh, Shri Vasudev, Shri G. Udaya Ravi and Shri G.N. Mohan made in the course of inquiry proceedings held pursuant to the impugned order of the High Court. On the basis of the aforesaid statements, it is contended that it is clear and evident that there was no valid F.I.R. lodged to be registered as a criminal offence for investigation." Keeping in view above, this court is of the opinion that if prima facie case is made out of having committed any crime, the contents of the FIR cannot be quashed on the ground that the accused is not connected with it any manner. The submission of the petitioner can only be examined at the stage of the filing of the charge sheet and taking cognizance and framing the charges and at the stage of trial. No case is made out for quashing the FIR.;