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ARUN MONGA
Akshay Kalla, S/o. Shri Kailash Swaroop Kalla – Appellant
Versus
State Of Rajasthan, Through The Secretary, Home Department, Government Of Rajasthan – Respondent
JUDGMENT :
(Arun Monga, J.)
1. Above titled two petitions are with common prayer seeking the clubbing of multiple FIRs registered against the petitioners at different police stations in State of Rajasthan. Allegations are mismanagement, embezzlement, and financial irregularities in conducting the affairs of registered society namely Creative Credit Corporation Society Limited (Society- for short). The petitioners/accused were at the helm of affairs of the society at the relevant time.
2. The FIRs have been registered on the complaint of the subsequent management of which the complainants are currently the executive members. It appears that almost each executive member has lodged an independent FIR based on similar facts and allegations at different police stations. More of it later.
3. Before adverting to the merits of the case, it would be apposite to have a look at the relevant facts leading to the institution of the present petitions. For convenience, the recitals and narrative herein is taken from S.B. Criminal Writ Petition No.1732/2023, which is as below:-
3.1. Creative Credit Cooperative Society was registered under the provisions of the Rajasthan Co-operative Societies Act abo
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....
The court ruled against the clubbing of FIRs from multiple States citing unique factual circumstances in each case, which undermines practical consolidation.
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.
The court emphasized that multiplicity of proceedings would not be in the larger public interest and directed the clubbing of FIRs state-wise for one trial, allowing subsequent FIRs to be treated as ....
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 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 related FIRs for a unified investigation to prevent conflicting outcomes and ensure justice.
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