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2025 Supreme(Online)(KAR) 8385
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR, J
MR. MAHESH KISHAN MOTEWAR – Appellant
Versus
STATE BY PEENYA PS BENGALRUU CITY – Respondent
WRIT PETITION NO. 156 OF 2025 (GM-RES)
For the Appellants/Petitioners: SRI. DHANANJAY VIDYAPATI JOSHI, SMT. KAVITHA DAMODARAN
For the Respondents: SRI. VINAY MAHADEVIAH
The court affirmed that multiple FIRs can be consolidated for trial to prevent hardship and ensure judicial efficiency, invoking constitutional provisions and established Supreme Court precedents.
Headnote:(A) Indian Penal Code, 1860 - Sections 406, 408, 420, 120B, 34 - Writ petition filed seeking transfer and clubbing of multiple FIRs against petitioners across different jurisdictions - Supreme Court precedent cited, endorsing consolidation of multiplicitous proceedings to alleviate hardship - Court directs consolidation of cases, emphasizing judicial efficiency and public interest. (Paras 5-8)
(B) Constitution of India - Articles 226 and 227 - Transfer of cases under Article 227 is discretionary - Court emphasizes that the powers should be exercised to avoid multiplicity of litigations which causes inconvenience and hardship to parties. (Paras 2-4)
Facts of the case:
Petitioners faced multiple FIRs across various jurisdictions regarding financial crimes. They sought a directive for clubbing the cases to avoid hardship from defending in disparate locations.
Findings of Court:
The court determined it just to consolidate cases, upholding judicial efficiency.
Issues: Whether all criminal cases against the petitioners can be consolidated for trial in a single jurisdiction, given the inconvenience posed by multiple proceedings.
Ratio Decidendi: The court found it appropriate to club and try all the cases in a singular venue to mitigate needless hardships, following prior supreme court decisions that acknowledge the benefits of such consolidation to serve public interest.
Result: Writ petition granted in favor of the petitioners, directing consolidation.
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3) |
| 2. petitioners' request for clubbing cases (Para 4 , 6) |
| 3. principle established for clubbing cases (Para 7) |
| 4. final orders and conclusion of the judgment (Para 8) |
ORAL ORDER
In this petition, petitioners have sought for the following reliefs:
"(a) to transfer, club and try together the following:
i. Cr. No. 0372/2017 dated 20.06.2017, and Charge Sheet dated 21.01.2020 under Section 406 , 408, 420, 120B and 34 of the Indian Penal Code by the Respondent Peenya Police Station, Bengaluru on the file of the IVth Additional Chief Metropolitan Magistrate, Bangalore against the Petitioners No. 1, 2 & 5, Mahesh Motewar (A1), Leena Motewar (A2) and Sunita Kiran Thorat (A5) [ANNEXURE - A and ANNEXURE - A1];
ii. Cr. No. 0037/2018 dated 10.02.2018, for offences punishable under Sections 406 and 420 of the Indian Penal Code , 1860, registered by the Respondent Hubli Sub-Urban PS, Hubballi- Dharwad on the file of Prl. Civil Judge & JMFC Hubli, Dharwad City against the Petitioner No. 1, Mahesh Kishan Motewar (A1) [ANNEXURE - B]:
iii. Cr. No. 0002/2019 dated 03.01.2019, for offences punishable under Section 420 of the Indian Penal Code , 1860, registered by the Respondent Chikkaballapura Town PS, Chikkaballapura on the file of Prl. Civil Judge (Jr. Dn.) & JMFC Court, Chikkaballapur against the Petitioner No. 1, Mahesh Kishan Motewar (A1) [ANNEXURE - C];
iv. Cr. No. 0022/2020 dated 19.03.2020, for offences punishable under Section 4 06 , 420 read with 34 of the Indian Penal Code and the Charge Sheet dated 20.07.2023 adding the offences under Section 4 , 5 and 6 of Prize Chits & Money Circulation Schemes (Banning) Act, 1978 registered and filed by the respondent Karwar Town PS, Karwar on the file of Prl. Civil Judge (Sr. Dn.) & CJM Court, Karwar, Uttar Kannada District against the Petitioners No. 1 & 5, Mahesh Kishan Motewar (A2) and Sunita Kiran Thorat (A6) [ANNEXURE - D & ANNEXURE - D1] v. Cr. No. 0133/2020 dated 11.09.2020, for offences punishable under Sections 4 06 and 420 of the Indian Penal Code , 1860, registered by the Respondent Kundapura PS, Udupi on the file of the 1st Addl. Civil Judge (Jr.Dn.) & JMFC, Kundapura, Udupi District against the Petitioners No. 1 & 3, Mahesh Kisan Montewar (A1), Vaishali Motewarr (A3) and Sunita Kiran Thorat (A7) [ANNEXURE - E & ANNEXURE - E1];
vi. Cr. No. 0099/2020 dated 22.10.2020, for offences punishable under Sections 4 06 and 420 of the Indian Penal Code , 1860, registered by the Respondent Haveri Town PS, Haveri on the file of the Prl. Civil Judge (Sr. Dn.) & CJM Court, Haveri against the Petitioners No. 1 to 4, Mahesh Kisan Motewar (A1), Leena Motewar (A3), Vaishali Motewar (A4) and Abishek Motewar (A6) [ANNEXURE -F];
vii. Cr. No. 0005/2024 dated 15.01.2024, for offences punishable under Sections 4 06 and 420 of the Indian Penal Code , 1860, registered by the Respondent Koppal Town PS, Koppal on the file of the Prl. Civil Judge (Sr. Dn.) & CJM Court, Koppal against the Petitioner No. 1, Mahesh Kishan Motewar (A1) [ANNEXURE - G]; and viii. Cr. No. 0026/2024 dated 23.03.2024, for offences punishable under Sections 4 03, 406, 420 read with Section 34 of the Indian Penal Code , 1860, Section 9 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 and Section 21 of The Banning of Unregulated Deposit Schemes Act, 2019 registered by the Respondent Chitradurga CEN PS, Chitradurga on the file of the Hon'ble Prl. District & Sessions Court, Chitradurga against the Petitioners No. 1 to 4, Mahesh Kisan Motewar (A1), Leena (A2), Vaishali (A3) and Abhishek (A5) [ANNEXURE - H."
2. Heard learned Senior counsel for the petitioners and learned HCGP for the respondents and perused the material on record.
3. A perusal of the material on record will indicate that several criminal proceedings have been initiated against the petitioners and in some of the proceedings, FIRs have been registered against the petitioners,
