JUDGMENT :

ANJAN MONI KALITA, J.

Heard Mr. S. Das, learned counsel, appearing for the petitioner. Also heard Mr. D. Nath, learned Senior Government Advocate, Assam, appearing for respondent nos. 1 to 6 as well as Mr. P. D. Bhuyan, learned counsel, appearing for the respondent nos. 7 to 10.

2. The instant application under Article 226 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, 1973, has been filed by the petitioner, challenging the registration and thereafter investigation in successive multiple FIRs by different police stations in different parts of the State of Assam based on same allegations by different persons. And, therefore, praying for clubbing of all successive FIRs or complaints with the first FIR being Rangia P.S. Case No. 673/2022 for being investigated at the same police station, i.e., Rangia Police Station.

3. The facts leading to the filing of the instant petition are summarized herein below: -

3.1. The respondent no. 7, namely, Madan Kalita and others, vide a letter of complaint dated 13.09.2022 lodged an FIR against the petitioner and another before the Officer-in- Charge, Dispur Police Station, alleging, inter alia, that in the year 2016–19, an amount of Rs. 80 crores was sanctioned for skill development training, which was allotted to two private companies, being Ajitaaksh Ventures Private Limited and Gargo Institute of Technology; that the said two companies created a list of more than 20,000 fake laborers (beneficiaries); that the said two companies, by imparting training sessions for 2–3 days, captured videos and photographs of training sessions to show that training was imparted for 2 months (60 days); that the two companies presented fake food bills and siphoned off the entire money; that the two companies deprived the beneficiaries from certificates and government stipends; that the two companies siphoned off Rs. 25,000/- to Rs. 27,000/- in the name of imparting training program to the laborers; that the two said companies created fake food bills of Rs. 50,000/- per head and siphoned off the money; that the petitioner used to manage the functioning of the said two companies; that the said two companies deprived the beneficiaries of wage compensation of Rs. 280/- per day and Rs. 35/- per hour (8 hours daily) for 60 days (Rs. 280 x 8 x 50 = Rs. 16,800/-); that by giving a sum of Rs. 16,800/- to some laborers, the project was shown to be completed.

3.2. On receipt of the aforesaid FIR, the police registered Dispur P.S. Case No. 2098/2022, under Sections 120(B)/420/406/471 of IPC.

3.3. The complainants in the aforesaid FIR alleged that they are the trainees of the skill development program floated by Labour Department, Government of Assam, who had received training from the company, namely, Ajitaaksh Ventures Private Limited, wherein the petitioner is the CEO of the aforesaid company.

3.4. During the course of the investigation of Dispur P.S. Case No. 2098/2022, the petitioner was served with a notice under Section 41A of the Cr.P.C., and the petitioner accordingly appeared before the Investigating Officer and recorded his statement before the Investigating Officer on 17.10.2022.

3.5. The petitioner was also served with a notice under Section 91 of Cr.P.C. on 24.10.2022, directing the petitioner to produce certain documents and records within 10 days and in compliance of the aforesaid notice, on 03.11.2022, the petitioner went to Dispur Police Station to submit the relevant documents and records. However, on that very day, the petitioner was informed by the I.O. of the aforesaid Dispur police station case that the learned Special Judicial Magistrate First Class, Kamrup (M) transferred the aforesaid FIR lodged on 13.09.2022 to Rangia Police Station on 29.10.2022 as a prayer was made by the I.O. citing want of jurisdiction. It is contended that petitioner has been waiting for the investigation to be done by the Rangia Police Station, however, nothing has happened till date.

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