The main legal point established is the application of Section 219 Cr.P.C. to allow the consolidation of cases involving similar offences committed within a year, while also ensuring separate proceedings for cases not meeting the specified criteria.

ORDER

1. The petitioner has filed the present writ petition against various FIR’s registered in various districts to consolidate with the charge-sheet filed by the SOG.

2. Counsel for the petitioner has shown chart of offences alleged against the petitioner, which is as follows :

3. Counsel for the petitioner submits that all the offences alleged are similar and identical. He further submits that Section 219 Cr. P.C., provides for clubbing of trial of three cases of same kind committed within a year, to be charged and tried together.

Section 219 Cr.P.C. reads as under:

’219. Three offences of same kind within year may be charged together-.

(1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.

(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860 ) or of any special or local law:

Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code (45 of 1860 ) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence."

4. Accordingly, the petition is partly allowed. The cases wherein the charge-sheets were filed by the respondent No.2-SOG before concerned Chief Judicial Magistrate are clubbed together, in accordance with the provision contained in Section 219 Cr.P.C., as per the following tables:

One Charge One Trial

One Charge One Trial

One Charge One Trial

One Charge One Trial

4.1 The Chief Metropolitan Magistrate, Jodhpur Metropolitan, Jodhpur and the Chief Judicial Magistrate, Ajmer shall make over the matters in the manner, as batched/grouped in the above tables, to the co