Consolidation of criminal cases based on similarity of charges and common witnesses is permissible under Section 223 of the Cr.P.C.

JUDGMENT

Lok Pal Singh, J. - Heard learned counsel for the parties.

2. The factual matrix of the present case is that the FIR No.158 of 2012, under Sections 420 and 467 of IPC was lodged on 24.07.2012 by one Karam Singh against Manoj Sharma and another. The investigation commenced on the said FIR, it would reveal that the complainant Karam Singh is allegedly involved in opening the bank account and also cheated some persons. The charge-sheet has already been filed against Karam Singh in continuation of the investigation against the revisionist Amar Narth, one Manoj Sharma and Karam Singh. Three charge-sheets were filed in the present FIR being 199A against Karam Singh, 199B against Amarnath and 199C against Manoj Sharma. Since the separate charge-sheets have been filed i.e. Criminal Case No.1316 of 2015, State vs. Karam Singh, Criminal Case No.763 of 2013, State vs. Manoj Sharma, and Criminal Case No.1662 of 2015, State vs. Amarnath, which are pending before the Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar.

3. The revisionist has moved an application under Section 223(a) Cr.P.C. before the learned Magistrate stating therein that all the three cases which are pending against the accused persons, namely, Karam Singh, Amarnath & Manoj Sharma be tried together and all the files be consolidated by impugned order dated 07.12.2019. The application filed by the revisionist has been rejected.

4. Having heard learned counsel for the parties and perused the material available on record.

5. On perusal of the record, it would reveal that all the three criminal cases are pending against the accused persons, namely, Karam Singh, Amarnath & Manoj Sharma are in furtherance of criminality. In all three cases, the accused persons have become the prosecution witnesses. For the reason that in one case Amarnath and in other cases Karam Singh and Manoj Sharma, are the prosecution witness no.1. The said application has been rejected.

6. The learned counsel for the revisionist has placed reliance on Sections 222 and 223 of the Cr.P.C. which are extracted as under:-

"222. When offence proved included in offence charged- (1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence though he was not charged with it.

(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he is not charged with it.

(3) When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged.

(4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied.

223. What persons may be charged jointly. The following persons may be charged and tried together, namely:-

(a) persons accused of the same offence committed in the course same transaction;

(b) person accused of an offence and persons accused of abetment of, or attempt to commit, such offence;

(c) person accused of more than one offence of the same kind, within the meaning of section 219 committed by them jointly within the period of twelve months;

(d) persons accused of different offences committed in the course of the same transaction;

(e) persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first named persons, or of abetment of or attempting to commit any such last- named offence;

(f) persons accused of offences under sections 411 and 414 of