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2021 Supreme(All) 1504

IN THE HIGH COURT OF ALLAHABAD
MUNISHWAR NATH BHANDARI, AJAI TYAGI, JJ.
Dr. Vijay Kumar Sharma - Petitioner
Versus
State of U.P. and Ors. - Respondents
Criminal Misc. Writ Petition No. 4014 of 2021
Decided On : 25-06-2021

Advocates:
Advocate Appeared:
For the Petitioner: Vijay Kumar Dixit, Ashok Mehta (Senior Adv.).

Headnote:

Criminal Procedural Code, 1973 - Section 162, 161, 179, 186 – FIR registered - Petitioner submits that hundreds of FIRs have been registered against petitioner - In pursuant to it, petitioner is produced for remand in reference to each FIR whereas after first FIR, subsequent FIRs should have been taken to be statement under Section 162 Cr.P.C - A prayer was made to the Police Authorities not to produce the petitioner for remand in each FIR rather subsequent FIR be taken as statement under Section 162 Cr.P.C – Whether several FIRs can be registered in reference to one incident and if it has been registered, subsequent FIR, after the first, be treated as statement under Section 162 Cr.P.C - Held, The word "one incident" is of great relevance and for that, the Apex Court has given illustration - One incident may result in several FIRs but subsequent FIR, after first, is to be treated as a statement under Section 162 Cr.P.C - The facts of cases cited by learned counsel for petitioner shows several FIRs out of one incident/occurrence which is not the case here. In the instant case, each FIR is registered by a different person and in regard to separate incident with him and accordingly, it was registered separately, thus the judgment of Apex Court in case (supra) or even in case (supra) would not apply - The judgment in case (supra) refers to certain illustration to clear legal position and crystallize the issue as to when subsequent FIR to be treated as a statement under Section 162 Cr.P.C - Facts of this case would not attract any of judgments referred by learned counsel for petitioner to restrain respondents for sending petitioner on remand in reference to each FIR - The facts involved in case (supra) is also considered. It was also a case where several FIRs were out of one incident. To attract all judgments referred by learned counsel for petitioner, it should be one incident. Those judgments would not apply in cases where for separate incident, may be involving in same cognizable offence, separate FIRs have been registered - The evidence in reference to each FIR would also be in reference to the individual case - In light of discussion made above, court are unable to accept the prayer made by the petitioner - Writ petition dismissed.

JUDGMENT :

Munishwar Nath Bhandari, J.

1. The writ petition has been filed for following reliefs which are quoted hereunder for ready reference :-

"I. To issue a writ order or direction in the nature of mandamus commanding and directing the Respondent No. 2 & 3 to treat Case Crime No. 385 of 2019 as the Main Case Crime and to merge all the other Case Crimes/FIRs registered in Bike-Bot matter at PS: Dadri and elsewhere in State of UP, as statements u/s 162 of the Cr.P.C. and to merge these subsequent FIRs in main Case Crime No. 385/2019.

II. To issue a writ order or direction in the nature of mandamus commanding and directing the Respondent No. 2 & 3 to treat the Charge Sheet filed in Case Crime No. 385/2019 on 01.02.2021 as the Main Charge Sheet and all the subsequent additional Charge Sheets filed thereafter the Main Charge Sheet, to be treated as Supplementary Charge Sheet as to main Charge Sheet and be merged to the main charge sheet in Case Crime No. 385/2019.

III. To issue writ order or direction in the nature of mandamus commanding and directing the Respondent No. 2 to initiate Trial Proceedings at the earliest, in Main Case Crime No. 385/2019 and to only conduct one trial proceeding for all the connected matters which are merged and added to the Main Case Crime No. 385/2019 as prayed in Prayer I & II hereinabove.

IV. To issue writ order or direction in the nature of mandamus commanding and directing the Respondent No. 2, not to subject Petitioner for each and every time of fresh investigation/remand in favour of Respondent No. 3 and to stop issuing multiple routine remand orders against the Petitioner, in respect of the same offence arising out of same incident, facts, grounds, cause of action, course of transaction and evidences or consequences thereupon in the ''Bike-Bot' matter, which are similar and identical to the main Case Crime No. 385/2019, wherein which the Petitioner has already been taken under judicial remand since 19.11.2020."

2. Shri Ashok Mehta, learned Senior Counsel, assisted by Shri Vijay Kumar Dixit, appearing for the petitioner has pressed the writ petition mainly in reference to first prayer and information report at Annexure-14 describing the number of cases registered against the petitioner.

3. Learned counsel for the petitioner submits that hundreds of FIRs have been registered against the petitioner. In pursuant to it, the petitioner is produced for remand in reference to each FIR whereas after the first FIR, subsequent FIRs should have been taken to be statement under Section 162 Cr.P.C. A prayer was made to the Police Authorities not to produce the petitioner for remand in each FIR rather subsequent FIR be taken as statement under Section 162 Cr.P.C.

4. The detailed facts pertaining to the case have been given. It is seriously opposed by learned counsel for the respondents. It is stated that petitioner alongwith other accused had cheated around 3 lacs persons involving around Rs. 4,000 crores. It is resulted in separate first information report on different dates and in reference to different transactions. Shri Manish Goyal, learned Additional Advocate General assisted by Shri Syed Ali Murtaza, appearing for the respondents thus seriously opposed the prayer made by learned counsel for the petitioner.

5. The facts referred by learned counsel for the petitioner show that number of FIRs have been registered against Noble Cooperative Bank Limited and other accused.

6. An investor company, namely, Garvit Innovative Promoters Limited (hereinafter referred to as "GIPL") was incorporated to carry out business of rental of bikes on the pattern of Ola/Uber. It was after taking investments from the public for purchase of bikes to be rented out. The rental received, out of it, was to be paid to the investors. The authorised representative of GIPL opened a bank account in the Noble Cooperative Bank Limited. The amount of investments by various investors came in the bank accounts of GIPL. The Noble Cooperative Bank L

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