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2025 Supreme(SC) 1753

B. R. GAVAI, K. VINOD CHANDRAN
Odela Satyam – Appellant
Versus
State of Telangana – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Rukmani Bobde, Adv. Mr. Mohd Faraz Anees, AOR Mr. Kartik Vashisht, Adv. Mr. Devesh Tripathi, Adv. Mr. Mukeshwar Nath Dubey, Adv. Mr. Ajay Kumar, Adv. Ms. Karuna Sharma, Adv. Ms. Epsita Agastya, Adv. Mr. Divesh, Adv. Mr. Anand, Adv. Mr. Shivendu Sharma, Adv. Mr. Kaustubh Seth, Adv. Mr. Sarvam Ritam Khare, AOR Mr. Kushagra Sharma, Adv. Mr. Anuj Agarwal, Adv. Mr. Akarsh Khare, Adv. Mr. Dama Seshadri Naidu, Sr. Adv. Mr. P. Mohith Rao, AOR Ms. J. Akshitha, Adv. Mr. Eugene S Philomene, Adv. Mr. J Venkat Sai, Adv. Ms. D. Poornima, Adv.
For the Respondent(s): Mr. Kumar Vaibhaw, Adv. Ms. Devina Sehgal, AOR Mr. Srikanth Varma Mudunuru, Adv. Ms. Prerna Singh, Adv. Mr. Guntur Pramod Kumar, AOR Mr. Dhruv Yadav, Adv. Mr. Keshav Singh, Adv. Mr. Sanchit Garga, AOR Mr. Kunal Rana, Adv. Mr. Shashwat Jaiswal, Adv. Ms. Diksha Arora, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Shrirang B. Varma, Adv. Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Mr. Adarsh Dubey, Adv. Ms. Chitransha Singh Sikarwar, Adv. Mr. S.D. Sanjay Ld, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mr. Rajan Kumar Chourasia, Adv. Mr. Padmesh Mishra, Adv. Mr. Gaurang Bhushan, Adv. Ms. Mili Joy Baxi, Adv. Ms. Nidhi Jaswal, AOR Mr. S. Udaya Kumar Sagar, AOR Mr. Udaibir Singh Kochar, Adv. Mr. Utsav Garg, Adv. Mr. Ananta Prasad Mishra, AOR

Judgement Key Points

Key Points: - The court denied clubbing FIRs from multiple States due to unique facts and impracticality of consolidation. (!) (!) (!) - FIRs in different States involve distinct offences and circumstances; hence not feasible to club for a single trial. (!) (!) (!) - Precedents cited limit such consolidation, deeming prayers for future FIRs overambitious and illegal; Article 142 powers used with caution and state consent. (!) (!) - Telangana: four crimes registered; transfer of one Telangana Madhapur FIR to EOW Cyberabad; Maharashtra: two FIRs; one to transfer. (!) - Witness travel costs to be borne by the accused via the trial court if trials are consolidated per transfer orders. (!) - Some petitioners to be released on bail with conditions; six-month protection period stated. (!) (!) - Writ petitions disposed of; pending applications disposed of. (!) (!)

How to club FIRs from multiple States for a single trial in cases of financial fraud with unique factual backgrounds?

What is the scope of Article 142 of the Constitution of India in directing consolidation or clubbing of FIRs across States?

What are the permissible limits for clubbing or consolidating FIRs under Bharathiya Nagarik Suraksha Sanhitha, 2023 and related case law in the present facts?


JUDGMENT

K. VINOD CHANDRAN, J.

1. The Writ Petition (Criminal) Dy. No.26673 of 2025 was filed by the father of the Partner and Additional Director and the friend of the Managing Director of a firm, in which the accused have now filed an application for substitution by Crl.M.P. No. 187608 of 2025, which is allowed. Writ Petition (Crl.) No. 269 of 2025, Writ Petition (Crl.) No.313 of 2025 and Writ Petition (Crl.) No.320 of 2025 are filed by persons in management of the firm, and Writ Petition (Crl.) No.319 of 2025 and Writ Petition (Crl.) No.321 of 2025 are filed by the wife and father of the petitioner in Writ Petition (Crl.) No.320 of 2025. There is no FIR as such registered against the petitioners in Writ Petition (Crl.) Nos. 319 of 2025 & No.321 of 2025, as we see from the records.

2. The petitioners have filed the above writ petition seeking clubbing of FIRs filed in various States and also seeks for clubbing of future FIRs to be filed against the firm, its partners and management officials. The case for clubbing of such FIRs is projected on the ground that the multiple FIRs have been lodged on the very same cause of action and the investigation and prosecution has to be brought un

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