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B. R. GAVAI, K. V. VISWANATHAN
Ravinder Singh Sidhu – Appellant
Versus
State of Punjab – Respondent
Key Points: - The Court directs merging of multiple FIRs with the earliest FIR within each State, and to try subsequent clubbed FIRs under the relevant special law if they pertain to special enactments (!) . - If the first FIR is under general law but subsequent FIRs are under special law, the clubbed case must be tried under the special law by the Special Court(s) (!) . - Investigating Officers may file supplementary charge-sheets after collating records from other clubbed FIRs; police reports under CrPC Section 173 in clubbed FIRs may be transferred and merged with the principal FIR (!) (!) . - Other offences not part of special enactments can also be tried by the Special Court under the concerned State legislation (!) (!) . - Bail granted in the principal proceeding must enure in favor of the petitioner in the other clubbed FIRs; if bail needs to cover offences under the Special Act, fresh bail applications may be required for those offences (!) . - The petition stands allowed with these terms; in states with single cases (Chhattisgarh, NCT Delhi) clubbing does not arise; proceedings follow Article 32 read with Article 142 (!) (!) .
JUDGMENT :
K.V. VISWANATHAN, J.
1. The present Writ Petition has been filed seeking to issue an appropriate writ, order or direction for clubbing and transferring the multiple First Information Reports (FIRs) registered against the petitioner in different States to the Court of competent jurisdiction at Panchkula, Haryana. Though this is the prayer made in the petition, learned Senior Counsel for the petitioner states that he would only press for consolidation of the multiple FIRs in each of the States to one district within the respective States. It should also be noticed that as far as the original prayer made in the petition is concerned, on facts, it was clearly not maintainable since a similar prayer made by the petitioner in Writ Petition (Criminal) No. 206 of 2020 filed in this Court on 20.07.2020 was rejected on 17.08.2020. Considering the fact that the petitioner is now seeking the alternative prayer and the respective States during the hearing have not objected to the same, we have decided to entertain the petition in the special facts and circumstances of the case.
2. In all, there are 64 FIRs registered in 10 States. The States concerned which are parties to the writ petit
Clubbing of FIRs – Multiplicity of proceedings will not be in larger public interest – Other offences not part of special enactments can also be tried by Special Court under concerned State legislati....
The court ruled against the clubbing of FIRs from multiple States citing unique factual circumstances in each case, which undermines practical consolidation.
The court emphasized that multiplicity of proceedings would not be in the larger public interest and directed the clubbing of FIRs state-wise for one trial, allowing subsequent FIRs to be treated as ....
The court emphasized the specific nature of the offenses under different State enactments and recent judgments in declining to grant the relief sought by the petitioner under Article 32 of the Consti....
The court emphasized the necessity of clubbing related FIRs for a unified investigation to prevent conflicting outcomes and ensure justice.
The court emphasized the necessity of clubbing FIRs to ensure a fair trial and reduce judicial burden, affirming its discretion under the Rajasthan Co-operative Societies Act and Bharatiya Nagarik Su....
The court ruled that clubbing of FIRs is not provided for in law, and the decision rests with police authorities upon representation by the petitioner.
Point of Law : The concept is of 'same offence' under Article 20(2) and section 300 Cr.PC. In case distinct offences are being committed there has to be independent trial for each of such offence bas....
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