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FARJAND ALI
Vikram Singh S/o Sh. Chhug Singh – Appellant
Versus
State Of Rajasthan, Through Secretary Deptt. Of Home Govt. Of Raj. Jaipur – Respondent
ORDER :
BY THE COURT:-
1. The instant Criminal Writ Petition has been preferred on behalf of the petitioner/accused of a case, seeking the indulgence of this Court for issuance of certain directions for conducting consolidation of trials in the matter filed against the petitioner facing charges of cheating, misappropriation of property, criminal conspiracy along with some other charges.
2. Briefly stating, the facts of the case as narrated in the petition are that the petitioner was a chairperson of Sanjivani Credit Cooperative Society registered as a Multi-Level Cooperative Society in the year 2010 under the Multi-State Cooperative Societies Act, 2002. The society carried out its operations in various States including the State of Rajasthan and was operative without any default or glitch. Thousands of investors/depositors/members were registered from various parts of the State and even from the other States. According to the petitioner, due to the worldwide recession in 2019, the society failed to honor some of its payments to investors, and in the same context, some of the investors raised issues regarding non-payment of their dues and also alleged mismanagement and misappropriation
The court ruled that multiple FIRs for the same cause of action infringe the accused's right to a speedy trial, necessitating consolidation of cases for efficient judicial proceedings.
The Court ruled for the consolidation of multiple FIR trials involving similar allegations to uphold the right to a fair and speedy trial.
Multiple FIRs alleging identical offences cannot be consolidated if they arise from distinct transactions involving different complainants and evidence.
Amalgamation of complaints being part of same transaction – Consolidation of FIRs is permissible in law but that would depend upon conclusions to be arrived at after investigation.
The court emphasized the specific nature of the offenses under different State enactments and recent judgments in declining to grant the relief sought by the petitioner under Article 32 of the Consti....
The court emphasized the necessity of clubbing FIRs to ensure a fair trial and reduce judicial burden, affirming its discretion under the Rajasthan Co-operative Societies Act and Bharatiya Nagarik Su....
Point of Law : The concept is of 'same offence' under Article 20(2) and section 300 Cr.PC. In case distinct offences are being committed there has to be independent trial for each of such offence bas....
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