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.

JUDGMENT :

(P.V. KUNHIKRISHNAN, J.)

The writ petition (crl) is filed with following prayers :

I. “To issue an order/direction clubbing together all the crimes mentioned as per Exhibit PI to P35 registered against the petitioner alleging offences and circumstances of a similar nature.

II. To issue an order/direction transferring all the crimes mentioned as per Exhibit P1 to P35 registered against the petitioner alleging offences of similar nature to any court this Hon'ble Court deems as fit.

III. To issue an order/direction that the respondents shall comply with the procedure contemplated under S.41A of the CEPC or S.35 of the BNSS, whichever is applicable, in all crimes registered hereafter alleging offences and circumstances of a similar nature as those of the crimes already registered.

IV. To grant such other reliefs prayed for by the petitioner in the interest of Justice.

V. To dispense the above writ petition with English Translation of the Malayalam Documents.” [SIC]

2. The main prayer in this writ petition (Crl.) is to club all crimes as evident by Exts. P1 to P35 FIRs registered against the petitioner alleging similar offences. According to the petitioner, the offences are similar and the circumstances in which the cases are registered, are also similar. Therefore, it is submitted that these cases may be club together and one investigating agency can be directed to investigate the matter. It is also the case of the petitioner that Exts.P1 to P35 are registered at different police stations in Thrissur, Alappuzha, Kottayam, Pathanamthitta districts etc.

3. The Public Prosecutor submitted that the victims in these cases are different and clubbing may not be possible at this stage. I do not want to make any observation about the same. Admittedly, there is no provision in the Cr.P.C. or BNSS to club FIR. The petitioner is relying some decisions of the Apex Court for clubbing the FIRs. Whether the investigation in these FIRs can be clubbed together, is to be decided by the police authorities first. Admittedly, the cases are registered in different districts. Therefore, the petitioner can be allowed to file a representation before the State Police Chief. If such a representation is received, the State Police Chief will consider the same and pass appropriate orders. I make it clear that I have not considered the matter on merit and the State Police Chief is free to pass appropriate orders, in accordance with law, within a time frame.

Therefore, this writ petition (crl.) is disposed of with the following directions:

1) The petitioner is free to file a representation narrating the grievance raised in this writ petition before the 2^nd respondent within two weeks from the date of receipt of a certified copy of this judgment.

2) If such a representation is received, the 2^nd respondent will consider the same and pass appropriate orders, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.

3) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition, while submitting the representation.

4) All the contentions raised by the petitioner in this writ petition are left open.