Constitution of India – Arts.32, 142 – Clubbing and consolidation of FIRs – Multiplicity of proceedings – Petition u/Art.32 for clubbing and transfer of FIRs in different States – Petitioner facing 64 FIRs in 10 States – Similar allegations arising out of a common scheme – Writ petition seeking clubbing FIRs within the respective States:
Held: Multiplicity of proceedings not in public interest – Since many States have invoked local Acts, particularly the Act dealing with the Protection of Interest of Depositors, transferring them out of the State also will not serve the ends of justice – Correct course of action would be to merge the FIRs with the earliest FIR in the State concerned – If the first FIR in the respective States registered in respect of offence under the general law and not the special enactment, but if the subsequent FIRs now clubbed are registered in connection with the special law or registered also in connection with the special law, the same after clubbing must be tried under the special law by the Special Courts – While the first FIR will be treated as the First Information Report the subsequent FIRs in each State shall be treated as statements u/s.161 CrPC – Investigating Officer in the criminal case arising out of the principal FIR in the concerned State will be free to file supplementary chargesheets after the collation of all records concerning other FIRs in the concerned State which are clubbed in terms of this order – If Police Report u/s.173 CrPC stands already filed in the clubbed FIRs and the concerned Courts have taken cognizance thereof, said FIRs and criminal cases would also stand transferred and merged/clubbed along with the principal FIR to be proceeded with in accordance with law – Supplementary charge-sheets can be filed – Bail in principal FIR to apply to others unless distinct charges require fresh consideration – Only one FIR each in Chhattisgarh and Delhi, hence, not subject to clubbing – Order in exercise of powers u/Art.32 read with Art.142 passed. [Paras 10, 19-22]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Aishani Narain, Hony. Associate Editor (Verified by: Nidhi Jain, Editor). Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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