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CR.MA/1378420/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13784 of 2007
=========================================================
DALPATSINH
@ DS SHERSINH RATHOD - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
NM KAPADIA for Applicant(s) : 1,
MS FALGUNI
PATEL APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 04/08/2008
ORAL
ORDER
By
way of the present application under Section 482 of the Code of
Criminal Procedure read with Articles 14, 21 and 226 of the
Constitution of India, the applicant inter alia made the following
prayers:-
(A) YOUR
LORDSHIPS be pleased to quash the complaint being III C.R. No.1382 of
2006 registered at Pandesara Police Station, under Sections 66(1)(b),
65(a)(e), 81, 83 of the Bombay Prohibition Act, as well as Charge
sheet No.613/2007 and criminal case being Criminal Case No.25943/2007
and other proceedings based o the said complaint pending in the Court
of Ld. 3rd JMFC, Surat.
(B) Pending
hearing and final disposal of the present petition, YOUR LORDSHIPS be
pleased to stay further proceedings of III.C.R.No.1382/2006
registered at Pandesara Police Station, under Sections 66(1)(b),
65(a)(e), 81, 83 of the Bombay Prohibition Act, as well as Charge
sheet No.613/2007 and criminal case being Criminal Case No.25943/2007
and other proceedings based o the said complaint pending in the Court
of Ld. 3rd JMFC, Surat .
The
contention raised by the learned counsel for the applicant that even
after filing of the charge sheet on 30.6.2007 what is alleged against
the applicant is that the applicant has supplied illicit liquor to
the accused of Col.No.1 and considering the definition of export and
import as stated in the Bombay Prohibition Act it cannot be said that
the petitioner has without past permit or licence supplied the
illicit liquor to the accused at Col.No.1.
Learned
APP submits that now the charge sheet is already filed and the
applicant herein is absconding.
At
the stage of trial, the concerned Magistrate can even look into
additional material that may surface in the form of statements of
witnesses or any other material and even otherwise as laid down by
the Apex Court in the case of State of Orissa & Ors. v.
Saroj Kumar Sahoo reported (2005)13 SCC 540 powers under
Section 482 of the Code of Criminal Procedure cannot be exercised at
this stage.
In view of the above, this Criminal Misc. Application is rejected.
Notice
discharged.
(ANANT S. DAVE, J.)
*pvv
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