Case Note & Summary
The applicant, Punamben Rupsing Ghamande, a law student with LLB and LLM degrees and no criminal history, filed a criminal miscellaneous application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.11191040232260 of 2023 registered with Sardarnagar Police Station, Ahmedabad, for offences under the Gujarat Prohibition Act. The FIR was lodged by Police Constable Dhirubhai Nathubhai based on a raid at C-26, Rajivnagar, near Naroda Railway Station, where prohibited liquor worth Rs.28,500 was found. During the raid, a medical file of Dr. Hitendra Ranveersingh Deshmukh was recovered, which mentioned the name 'Punam Gumane' with a date of 06.06.2023. The applicant was the sole accused in the FIR and charge-sheet. The applicant's counsel argued that the FIR did not disclose any cognizable offence against her, as the name in the medical file differed from hers, and she was not present at the spot. The State opposed, citing statements of family members who lived in the premises. However, those statements also indicated that the applicant had been residing in Kolhapur, Maharashtra, for the last two years. The court found that no prima facie case was made out against the applicant, as there was no evidence linking her to the liquor or the premises. The court held that continuing the proceedings would be an abuse of the process of law and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Lack of Prima Facie Case - FIR registered against a law student for possession of prohibited liquor - No evidence linking applicant to the premises or the liquor - Medical file found at spot had different name - Family members stated applicant was in Kolhapur for two years - Held that continuation of proceedings would be abuse of process of law, FIR quashed (Paras 1-7).
Issue of Consideration
Whether the FIR and charge-sheet against the applicant disclose any cognizable offence and whether they are liable to be quashed under Section 482 of the Code of Criminal Procedure, 1973.
Final Decision
The application is allowed. FIR No.11191040232260 of 2023 registered with Sardarnagar Police Station, Ahmedabad, and all consequential proceedings are quashed and set aside.
Law Points
- Quashing of FIR
- lack of prima facie case
- false implication
- no criminal antecedents
- Section 482 CrPC
Case Details
2026 LawText (GUJ) (03) 1158
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 20473 of 2023
Bhavik P. Shah, Ronak Rawal
Punamben Rupsing Ghamande
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Nature of Litigation
Criminal miscellaneous application for quashing of FIR and charge-sheet under Section 482 CrPC
Remedy Sought
Quashing of FIR No.11191040232260 of 2023 and all consequential proceedings
Filing Reason
Applicant, a law student, was falsely implicated in a case under the Gujarat Prohibition Act despite no evidence linking her to the offence
Issues
Whether the FIR and charge-sheet disclose any cognizable offence against the applicant
Whether the proceedings are liable to be quashed under Section 482 CrPC
Submissions/Arguments
Applicant's counsel argued that the FIR does not disclose any cognizable offence, the name in the medical file differs from the applicant's name, and the applicant was not present at the spot; she has no criminal antecedents and is a law student.
State's counsel argued that statements of family members indicate they live in the premises, but the applicant was in Kolhapur for two years.
Ratio Decidendi
Where the FIR does not disclose any prima facie case against the accused and the allegations are vague and lack evidence, continuing the proceedings would be an abuse of the process of law, warranting quashing under Section 482 CrPC.
Judgment Excerpts
The present application is filed for quashing of FIR No.11191040232260 of 2023 registered with Sardarnagar Police Station, District Ahmedabad, by the Police Constable, namely Unarmed Police Constable Dhirubhai Nathubhai, against the present applicant, who is stated to have been not found on the spot as per the allegations of the FIR.
It is submitted by the learned advocate Mr. Shah that the applicant, being a law student, has completed LLB and LLM also and she does not have any criminal history in the past.
Per contra, learned APP Mr. Rawal submitted that as per statements recorded during the investigation, more particularly family members of the present applicant, namely Vikas Ghamande brother of the accused, Kavita Ghamande - sister-in-law and Soniaben Vikas Ghamande - sister-in-law, all are staying in the said premises. However, on the day when statements were recorded, the accused was not there and she was at Kolhapur, Maharashtra since the last two years in her maternal uncle’s house.
Procedural History
FIR No.11191040232260 of 2023 was registered on a complaint by Police Constable Dhirubhai Nathubhai. Investigation concluded and charge-sheet was filed against the applicant as sole accused. The applicant then filed this application under Section 482 CrPC for quashing the FIR and charge-sheet.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Gujarat Prohibition Act:
