Case Law Details
Abhishek Singh Chauhan Vs Union of India & Ors. (Supreme Court of India)
It is noticed that the crime registered in the State of West Bengal has been investigated by C.B.I. and chargesheet has also been filed in connection with the said case. We are also informed by the learned Additional Solicitor General that the trial has also commenced in that case. As a result, no direction can be issued for clubbing of other cases with the said case being investigated by the special Investigating Agency i.e., C.B.I.
As regards crimes registered against the petitioner in the State of Maharashtra, Madhya Pradesh and Chhattisgarh in each of these States, the trial will proceed before the Special Court under the special enactment, namely, Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999, Madhya Pradesh Investor Protection Act, 2000 and Chhattisgarh Protection of Depositors Interest Act, 2005 respectively.
The cases in the concerned States, to be tried by the Special Court can be conveniently clubbed, for being tried together as has been directed in the case of Radhey Shyam vs. State of Haryana & Following the exposition of this Court in Amish Devgan vs. Union of India & Ors.1, we deem it appropriate in exercise of power under Article 142 of the Constitution of India, to direct clubbing of all the FIRs State-wise, which can proceed together for 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. We may hasten to add that the concerned States have no objection for abiding with such dispensation.
In other words, the offence registered in the State of West Bengal being RC/40/S/2014 dated 05.06.2015 registered with CBI/SCB/SIT, Kolkata, will proceed before the concerned Court in the State of West Bengal independently. Similarly, the FIR registered at Pindwara, Sirohi, State of Rajasthan being FIR No. 338/2018 dated 12.09.2018 shall proceed before the concerned jurisdictional Court in that State itself being the only case registered in connection with the Indian Penal Code (IPC) offences in that State and cannot be clubbed with the cases pending in other States, as the same will have to proceed under the special enactment of the concerned State.
As regards three cases registered in the State of Maharashtra, the same will have to proceed under the special enactment2 before the special Court. It can be conveniently proceeded together. Accordingly, the subsequently registered FIRs being FIR Nos. 533/2017 dated 29.07.2017 registered at Nahol, Sholapur and 467/2017 dated 08.08.2017 registered at Bijapur Naka, Sholapur, need to be clubbed with FIR No. 552/2016 dated 15.04.2016 registered at Ramnagar, Chandrapur.
On the same pattern, the subsequently registered two FIRs3 in the State of Madhya Pradesh need to proceed together with FIR No. 915/2016 dated 09.11.2016 registered at Kotwali, Sehore being the earliest FIR registered under the special enactment4, before the jurisdictional special Court at Sehore.
Similarly, the subsequently registered FIRs5 in the State of Chhattisgarh need to be clubbed with FIR No. 146/2017 dated 04.04.2017 registered at Surajpur, Distt. Surajpur under the special enactment6 as applicable to the State of Chhattisgarh, to be tried by the jurisdictional special Court at Surajpur, Distt. Surajpur.
In each of the States, where directions for clubbing of FIRs is being passed, the subsequently registered FIRs shall be treated as statements under Section 161 of the Code of Criminal Procedure (Cr.P.C.). The investigating officer in criminal case arising from the first FIR in the concerned State, as referred to above, will be free to file supplementary chargesheet after collation of all the records concerning other FIRs in the respective States, which are clubbed in terms of this order. In the event, the investigating officer in other FIRs had already filed the police report under Section 173 of the Cr.P.C. before the concerned Court and the concerned Court had taken cognizance thereof, the said FIRs and criminal cases would also stand transferred and merged/clubbed alongwith the first criminal case7 registered in the respective State, as referred to above, to be proceeded with in accordance with law. The investigating officer in the stated case (principal case to which the subsequent FIRs would stand merged/clubbed), will be free to file supplementary chargesheet on the basis of material collated during investigation of other FIRs.
Needless to observe that the other offences not part of the special enactments can also be tried by the special Court under the concerned State legislation.
It is clarified that this direction is limited to general offences, the offences under the IPC and the offences under the special State legislations; and not offences concerning the Prevention of Money Laundering Act (PMLA), 2002, which have to proceed under a separate legislation and of which the investigation is done by a separate investigating agency.
In other words, all cases in the State of Maharashtra will stand clubbed with FIR No. 552/2016 dated 15.04.2016, registered with Police Station Ramnagar, Chandrapur, and to be tried by Special Court at Chandrapur (Maharashtra). Similarly, all criminal cases arising from the FIRs filed at the different point of time in the State of Madhya Pradesh will stand clubbed with FIR No. 915/2016 dated 09.11.2016, registered with Police Station Kotwali, Sehore – to be tried by Special Court, Sehore (Madhya Pradesh); and in the State of Chhattisgarh on the same lines will stand clubbed with FIR No. 146/2017 dated 04.04.2017 registered with Police Station Surajpur – to be tried by Special Court at Surajpur (Chhattisgarh).
If the accused has been granted bail in connection with the principal FIR or criminal case arising therefrom, in which the other FIRs/criminal cases will stand clubbed/merged in terms of this order, the bail so granted must enure in his favour until the Court of competent jurisdiction cancels the same owing to supervening circumstances including breach of bail conditions. In case, no bail has been granted in the principal FIR (case), the appellant may apply for the same before the jurisdictional court competent to try the principal crime. That be decided on its own merits.
The writ petition is disposed of in the above terms.
Pending application(s), if any, shall stand disposed of.
Notes:-
1 (2021) 1 SCC 1
2 Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999
3 FIR Nos. 51/2017 dated 08.02.2017 registered at Byawara Rural, Rajgarh and 03/2017 dated 08.03.2017 registered at EOW, Bhopal.
4 Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000
5 FIR Nos. 127/2017 dated 10.04.2017 registered at Kanker, Distt. Kanker, 240/2017 dated 16.04.2017 registered at Bemetara, Distt. Bemetara, 161/2017 dated 21.04.2017 registered at Baloda, Baloda Bazar, Distt. Janjgir-Champa, 176/2017 dated 02.05.2017 registered at Tila Nebra, Raipur, 591/2019 dated 06.08.2019 registered at Raigarh Kotwali, Raigarh and 79/2019 dated 10.08.2019 registered at Geedam, Dantewada, Distt. Dantewada
6 Chhattisgarh Protection of Depositors Interest Act, 2005
7 FIR No. 552/2016 dated 15.04.2016 registered at Ramnagar, Chandrapur (State of Maharashtra);
FIR No. 915/2016 dated 09.11.2016 registered at Kotwali, Sehore (State of Madhya Pradesh)
Fir No. 146/2017 dated 04.04.2017 registered at Surajpur, Distt. Surajpur (State of Chhattisgarh)
