IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Sameer Jain, J.
Hussain Mohammad Son Of Shri Pyar Mohammad - Petitioner
Versus
Shri Tolaram Son Of Shri Mohan Lal and ors. - Respondents
S.B. Criminal Miscellaneous (Petition) No. 7852/2024, S.B. Criminal Misc. (Petition) No. 1417/2024, S.B. Criminal Misc. (Petition) No. 2566/2024, S.B. Criminal Misc. (Petition) No. 2988/2024, S.B. Criminal Misc. (Petition) No. 3271/2024, S.B. Criminal Misc. (Petition) No. 3545/2024, S.B. Criminal Misc. (Petition) No. 3584/2024, S.B. Criminal Misc. (Petition) No. 3985/2024, S.B. Criminal Misc. (Petition) No. 4234/2024, S.B. Criminal Misc. (Petition) No. 4477/2024, S.B. Criminal Miscellaneous (Petition) No. 1484/2024, S.B. Criminal Miscellaneous (Petition) No. 1719/2024, S.B. Criminal Miscellaneous (Petition) No. 1793/2024, S.B. Criminal Miscellaneous (Petition) No. 1794/2024, S.B. Criminal Miscellaneous (Petition) No. 1939/2024, S.B. Criminal Miscellaneous (Petition) No. 266/2024, S.B. Criminal Miscellaneous (Petition) No. 312/2024, S.B. Criminal Miscellaneous (Petition) No. 321/2024, S.B. Criminal Writ Petition No. 1102/2024
Decided On : 01-05-2025
(A) Code of Criminal Procedure, 1973 - Section 482 - Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Consolidation of FIRs - Petitioners sought consolidation and joint investigation of multiple FIRs alleging political motivation behind their registration - Court found no merit in claims of malafide intent or vagueness of allegations - Each FIR involved distinct allegations and complainants, thus clubbing was legally untenable. (Paras 25-36)
(B) Inherent Powers of the Court - The court emphasized that the inherent powers under Section 482 should not be exercised when statutory remedies remain unexhausted - The petitioners failed to demonstrate specific malafides against any investigating officer. (Paras 21-34)
Facts of the case:
The petitions arose from multiple FIRs registered against a former MLA and his associates following his electoral defeat, alleging serious economic offences and political vendetta.
Findings of Court:
The court rejected the petitions for quashing the FIRs and for transferring the investigation, emphasizing the need for a thorough investigation into serious allegations.
Issues: The main issues included the validity of multiple FIRs, the alleged political motivation behind them, and the appropriateness of clubbing the FIRs for investigation.
Ratio Decidendi: The court ruled that the FIRs were distinct and did not arise from the same transaction, thus clubbing was not justified. The petitioners' claims of political vendetta were not substantiated.
Result: Petitions dismissed.
JUDGMENT :
Sameer Jain, J.
1. Since the instant batch of petitions raises common questions of law and fact, and in view of the consent accorded by the learned counsel appearing for the respective parties, all the petitions are being heard conjointly and are being disposed of by means of this common judgment, to avoid multiplicity of proceedings and to ensure judicial economy.
2. The principal as well as incidental reliefs sought by the petitioners in the present set of petitions relate to the issuance of appropriate directions for consolidation and joint investigation of all thirteen First Information Reports (hereinafter referred to as the 'impugned FIRs'). The petitioners have prayed that the said FIRs be clubbed and the investigation thereof be entrusted to a single investigative agency functioning under the supervision of an Indian Police Service (IPS) officer, who is posted in any district of the State of Rajasthan, excluding the districts of Baran and Jhalawar. The petitioners have further prayed that any additional FIRs, if registered in connection with the same subject matter, be also transferred to and investigated by the said authority to ensure consistency and impartiality in the investigation process.
3. In the alternative and/or additionally, the petitioners have invoked the inherent powers of the Court under Section 482 of the Code of Criminal Procedure, 1973 (now corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ), seeking quashing of the impugned FIRs along with all consequential proceedings arising therefrom. It is contended that the FIRs in question are registered on vague, indefinite, and unsubstantiated allegations, and are founded upon mere conjectures and assumptions, thereby constituting an abuse of the process of law.
SUBMISSIONS BY THE LEARNED COUNSEL APPEARING ON BEHALF OF THE PETITIONERS :-
4. Learned Senior Counsel Shri Madhav Mitra, ably assisted by learned counsel Ms. Jaya Mitra along with Shri Rajendra Sharma, Shri Rahul Tiwari, and other counsel appearing, submitted on that the present batch of petitions arises out of a common factual backdrop pertaining to a former Member of the Legislative Assembly (MLA), who has previously held the portfolios of Minister of Mines, Petroleum, and Gopalan in the State of Rajasthan.
5. It was contended that immediately after the conclusion of the Rajasthan Legislative Assembly Elections, 2023, and consequent to the petitioner being unsuccessful therein and no longer being affiliated with the ruling political party, a series of FIRs came to be registered against him, his relatives, friends, and associates. It was alleged that these FIRs were lodged with a political motive and under the influence of the newly elected ruling party. The petitioners have placed on record the material particulars of the said FIRs, which are reproduced herein for the sake of brevity.
| S.No. | Case No. with title | FIR No. | Police Station | Sections | Name of Complainant | Status |
| 1. | S.B. Criminal Misc. Petition No.7852/202 4 Hussain Mohammad Vs. State | 05/2024 | Kishanganj (Baran) | 384, 386, 379, 327, 413, 447, 427, 504, 506 & 120B of IPC and Section 4/21 Mines and Minerals Act, 1957 and Section 3(1)(f), 3(1)(g) of SC/ST Act 1989 | Tola Ram S/o Mohan Lal | Under investigation |
| 2 | S.B. Criminal Misc. Petition No.266/2024 Pramod Jain Bhaya Vs. State | 02/2024 | Anta (Baran) | 420,406, 467, 468, 471 & 120B IPC | Rameshwar Khandelwal S/o Shri Mool Chand Gupta | Prima facie proved. Interim order |
| 3 | S.B. Criminal Misc. Petition No.312/2024 Ankit Bordiya Vs. State | 08/2024 | Kotwali Baran | 420, 384, 413, 426, 379 & 120B of IPC | Dilip Shakyawal S/o Sh. Durga Shankar Shakyawal | Under investigation |
| 4 | S.B. Criminal Misc. Petition No.321/2024 Chiranjan Pathak Vs. State | 05/2024 | Kishanganj (Baran) | 384, 386, 379, 327, 413, 447, 427, 504, 506 & 120B of IPC and Section 4/21 Mines and Minerals Act, 1957 and Section 3(1)(f), 3(1)(g) of SC/ST Act 1989 | Tola Ram S/o Mohan Lal | Under investigation Interim order |
| 5 | S.B. Criminal Writ Petition No.1102/2024 Pramod Jain | |||||
Iqbal @ Bala & Ors. Vs. State of UP and Ors.
The court ruled that multiple FIRs against the same individual, based on distinct allegations, cannot be clubbed for investigation, emphasizing the need for thorough investigation into serious econom....
Malicious prosecution claims must show prima facie cases are unfounded; mere political allegations do not suffice to quash FIRs without substantive evidence.
The court emphasized the necessity of clubbing related FIRs for a unified investigation to prevent conflicting outcomes and ensure justice.
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....
Permitting multiple parallel criminal investigations for the same occurrence violates established procedural law. A unified investigation prevents institutional conflict, ensures judicial consistency....
Writ petition for transfer of investigation and quashing of FIRs dismissed as registration is mandated by law; prior protection does not prevent new FIRs.
The court ruled that distinct allegations in a second FIR, even involving some overlap with a prior complaint, do not invalidate the subsequent investigation process, affirming the principle of judic....
Multiple FIRs alleging identical offences cannot be consolidated if they arise from distinct transactions involving different complainants and evidence.
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