1. Can a case pending before a Judicial First Class Magistrate's Court be transferred to the Special Court (Vigilance) for trial along with a case pending before the Special Court (Vigilance)?

2. Petitioners seek for a transfer of CC.649/2005 of the Judicial First Class Magistrate's Court, Pala, to the Special Court (Vigilance), Thrissur, for trial along with CC.6/2014 pending before the Special Court (Vigilance), Thrissur.

3. For the same transaction, two crimes were registered; one by the local police and one by the vigilance. Two final reports were filed, which culminated in CC.649/2005 of the Judicial First Class Magistrate's Court, Pala and CC.6/2014 of the Special Court (Vigilance), Thrissur. Matters in controversy are the same in both the cases.

4. In the final report relating to CC.649/2005, there are five accused namely, Jossy Varghese, Jose M.J., George Joseph, Siby Varghese and Rosamma. In the final report relating to CC.6/2014, there are altogether 16 accused, out of whom A1 to A4 and A10 to A16 are the officers of KFC and they are charged with offences under the Prevention of Corruption Act, 1988(“PC Act”, for short). A5 to A9 in CC.6/2014 are the very same accused in CC.649/2005, that too, in the very same order in which they are arraigned in CC.649/2005.

5. Heard learned counsel for the petitioner, learned Senior Public Prosecutor and learned Amicus Curiae appointed by this Court Sri. V.C. Sarath.

6. The question to be considered is whether the Special Court can try the case charge-sheeted by the local police along with the case charge-sheeted by the vigilance. As per Section 3 of the PC Act, a Special Judge can try any offence punishable under the PC Act and any conspiracy to commit or any attempt to commit or any abetment of any of the offences under the PC Act. As per Section 4(1) of the PC Act, the said offences shall be tried by Special Judges only. As per Section 4(3) of the PC Act, when trying 'any case', a Special Judge may also try any offence, other than an offence specified in Section 3 with which the accused may, under the Code of Criminal Procedure, be charged at 'the same trial'. On a literal interpretation of Section 4(3), it may appear that any offence other than the offence under the PC Act can be tried by the Special Court, only when the same forms part of the very same case in which the offence under the PC Act is incorporated.

7. Here is a situation where in two parallel proceedings are there at least among five accused persons. The aforesaid five accused persons are common in both the cases. If separate proceedings are proceeded with in these two cases against the very same accused for the very same transaction, it may lead to hazardous consequences. In such case, the only way out is that both the cases should be tried by the same court and it should be tried together. At the same time, much discussion is not required to conclude that the Judicial First Class Magistrate's Court is not empowered to try CC.6/2014, when it involves the offence under the PC Act along with the offences under the Indian Penal Code. Now, the question to be considered is whether the Special Court can try CC.649/2005 in which the offences under the Indian Penal Code alone are incorporated, along with CC.6/2014.

8. On a literal interpretation of Section 4(3) of the PC Act, it may appear that the Special Court cannot try the case investigated by the local police and a case in which the offence under the PC Act is not incorporated. Therefore, in order to solve that problem, the procedure to be contemplated under Section 223 Cr.P.C. has to be taken note of.

9. Section 223 Cr.P.C. says-

“What persons may be charged jointly - The following persons may be charged and tried together, namely-

(a) persons accused of the same offence committed in the course of the same transaction;

(b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence;

(c) * * *

(d) persons accused of different of