Jay vs Krupaliben on 25 July, 2008
13. Umedsinh P. Champawat Vs.
State of Gujarat, 2006(2) GLH 736 is cited by the learned advocate
for the petitioners in support of the submission that although it is
true that the powers for quashing should be exercised sparingly and
in a rare case, where it is apparent from the record of the case that
the prosecution has not made out a case. However, when there is no
evidence against the petitioners, then, quashing of the FIR and
charge-sheet would be justified. It was further held that for
totally illegal implication in the offence, the prosecuting agency
can be held liable for prosecution and for that the person so falsely
implicated has to take action. Thus, the learned advocate for the
petitioners submitted that considering the ratio laid down in the
above-mentioned judgment, it is a fit case to quash the FIR produced
at Annexure-C to the petition.