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Multiple firs against single accused is directed to be tried by one court

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Head note: Petitioner sought for consolidation the multiple firs - consolidation of firs to be tried in one court directed.

Points for consideration

Petitioner sought for consolidation the multiple firs

1. By way of this writ petition, the petitioner has sought for the following relief:

“Consolidate/Club all the FIRs (i) FIR No. 324/2017, 406/420/120 (B) IPC and 4/6(1)/6(2) M.P. Act, Dewas, M.P., (ii) FIR No. 479/2018, 420/34 IPC, Indore, M.P., (iii) FIR No. 283/2020, 420/34 IPC, Khargone M.P., (iv) FIR No. 002/2021, 420 IPC, Gokul Road, Hubali, Karnataka, (v) FIR No. 090/2021, 406/420/120(B) IPC, Dhadhara, Gumla, Jharkhand registered against the Petitioner in different states at various police stations to the Court of the competent jurisdiction at Guna, Madhya Pradesh where proceedings are pending in the FIR No. 0266/2018, U/S420/407/418/406/409120B/467/468. Section 4/6(1)/6(2) MP investors Interests Act 2000, P.S. Guna Kotwali, District: Guna in the interest of justice.”

3. Learned counsel appearing for the petitioner relying upon the following judgments he prays that this petition be allowed:

“1. SATINDER SINGH BHASIN V/S THE STATE OF UTTAR PRADESH & ANR.” Writ Petition (criminal) No. 197 of 2021

2. Amish Devgan vs. Union of India & Ors” WRIT PETITION (CRIMINAL) NO. 160 OF 2020

3. ABHISHEK SINGH CHAUHAN V/S UNION OF INDIA & ORS.” in WRIT PETITION (CRIMINAL) NO.40 of 2022”

Consolidation of firs in one court directed

6. The cases noted at Serial Nos.5 and 6 have been registered by the Gokul Road, Hubli, Karnataka Police and Dhadhara, Ghumla, Jharkhand, Police Station, respectively. Whereas the cases at Serial Nos.1 to 4 are registered in the State of Madhya Pradesh and that too by different Police Stations. Suffice to note that first FIR came to be registered by the Police Station Bank Note Press, Madhya Pradesh and three other FIRs have been registered in the District of Guna, Indore and Khargone respectively at Madhya Pradesh. Learned standing counsel appearing for the State of Madhya Pradesh has expressed no objection if these cases are consolidated and listed before one court having jurisdiction. Hence, following the principles laid down in Amish Devgan v. Union of India and others (2021) 1 SCC 1 we deem it appropriate to exercise power conferred under Article 142 of the Constitution of India to accede to the relief claimed to the extent of consolidation of the FIRs registered in the State of Madhya Pradesh for being tried together as one trial as far as possible, as we are of the opinion that multiplicity of the proceedings will not be in the larger public interest and State also. It is clarified that all the cases pending in the State of Madhya Pradesh shall be transferred to the District of Devas, Madhya Pradesh where FIR No.324 of 2017 has been filed and registered against the petitioner or in other words, FIR Nos.266 of 2018, 479 of 2018 and 283 of 2020 shall stand transferred to the District of Devas where FIR No.324 of 2017 is pending. The jurisdictional courts shall take immediate steps to transfer the proceedings for being consolidated and adjudicated by one trial to be decided on its own merits. The prayer for transfer of the cases pending in the States of Karnataka and Jharkhand to the State of Madhya Pradesh stands rejected.

Amanat Ali …. Petitioner Versus State of Karnataka and others …. Respondents – WRIT PETITION (CRIMINAL) NO.432 OF 2022 – 2023 INSC 1060

https://main.sci.gov.in/supremecourt/2022/28637/28637_2022_15_1501_48981_Judgement_11-Dec-2023.pdf

Amanat ali vs. State of Karnataka

Further study

Multiple FIRs quash procedure

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