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2026 Supreme(SC) 25

SANJAY KUMAR, ALOK ARADHE
State (NCT) of Delhi – Appellant
Versus
Khimji Bhai Jadeja – Respondent


Advocates Appeared:
For the Appellants : Aishwarya Bhati, Mukesh Kumar Maroria, Rekha Pandey, Priyanka Das, Vishakha, Chitrangda Rashtravara, Shreya Jain

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. Amalgamation of complaints that are part of the same transaction is permissible in law, but whether FIRs can be consolidated depends on the conclusions reached after investigation (!) (!) .

  2. Consolidation of charges against multiple accused persons relating to several offences can be framed if such offences are committed during the same transaction, as determined by specific tests such as unity of purpose and design, proximity of time and place, and continuity of action (!) (!) .

  3. The concept of ‘same transaction’ is determined by the connection of acts through proximity in time and place, common purpose, or sequence of actions. Not all elements need to co-exist; a series of connected acts may constitute a single transaction (!) (!) .

  4. In cases involving multiple victims and offences, registering a single FIR and treating subsequent complaints as statements during investigation is considered appropriate when a conspiracy is alleged, as this approach aligns with the law and investigation procedures (!) (!) .

  5. The stage of investigation is crucial in deciding whether offences can be consolidated; such decisions should not be made prematurely, and the investigation must establish whether acts are part of the same transaction (!) (!) .

  6. When offences are part of the same transaction, the accused can be charged and tried together, and the complainants may have the right to file protest petitions if the final report is not accepted or if discharge occurs (!) .

  7. The legal framework allows for consolidation of FIRs and charges if the acts are interconnected, but the final determination depends on the investigation's findings regarding the ‘same transaction’ criteria (!) (!) .

  8. The court emphasized that the decision to consolidate charges or FIRs should be made based on the investigation's conclusion about the connection of acts, and such decisions are to be made at the appropriate stage of proceedings (!) (!) .

  9. The judgment clarified that the questions raised by the reference were premature, as the investigation was ongoing, and the determination of whether acts constitute part of the same transaction should be made after thorough investigation (!) .

  10. The court set aside the earlier high court’s answers regarding the amalgamation of complaints and FIRs, affirming that such decisions depend on the investigation's findings about the connection between acts (!) .

Please let me know if you need further analysis or specific legal advice based on this document.


JUDGMENT :

SANJAY KUMAR, J.

1. Leave granted.

2. The State (NCT) of Delhi is aggrieved by the judgment dated 08.07.2019, whereby a Division Bench of the High Court of Delhi answered Criminal Reference No. 1 of 2014. By the said reference, the learned Additional District & Sessions Judge-II, North-West District, Rohini Courts, Delhi1 [For short ‘Additional Sessions Judge’] had referred three questions of law to the High Court of Delhi for its decision, under Section 395(2) of the Code of Criminal Procedure, 1973.2 [For short ‘Cr.P.C.’] The questions read as under:

    “a. Whether in a case of inducement, allurement and cheating of large number of investors/depositors in pursuance to a criminal conspiracy, each deposit by an investor constitutes a separate and individual transaction or all such transactions can be amalgamated and clubbed into a single FIR by showing one investor as complainant and others as witnesses?

    b. If in case the Hon'ble Court concludes that each deposit has to be treated as separate transaction, then how many such transactions can be amalgamated into one charge sheet?

    (Note: As per the provisions of Section 219 Cr.P.C. and as observed by the Hon'ble Apex Court in the ca

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