IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI th ON THE 13 OF MAY, 2024 WRIT PETITION No. 3363 of 2024 BETWEEN:-

AMANDEEP SINGH SARAN S/O H.S. SARAN 6/73 PUNJABI BAGH PASCHIM VIHAR NEW DELHI (DELHI)

.....PETITIONER (BY SHRI VARINDER KUMAR SHARMA - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH S.H.O. POLICE STATION HARDA DISTRICT HARDA (MADHYA PRADESH)

2. THROUGH S.G.O. P.S. PALI DISTRICT UMARIYA (MADHYA PRADESH)

3. THROUGH S.H.O. P.S. CITY KOTWALI, DISTRICT MANDSAUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI PRAVEEN NAMDEO - GOVERNMENT ADVOCATE)

This petition coming on for admission this day, the court passed the following:

ORDER

This petition has been filed by the petitioner under Article 226 of the Constitution of India while praying for following reliefs:-

(i) Issue a Writ, order or direction directing Clubbing and/or Transfer of all FIR's bearing No.660 of 2016 P.S. Harda District Harda dated 04.08.2016, FIR bearing No.103 of 2016 P.S. Pali District Umaria and FIR bearing No. 532 of 2013 P.S. City Kotwali District Mandsaur filed against the petitioner at various place in the State of Madhya Pradesh before any Appropriate Agency/Court at one place as deemed fit by this Hon'ble Court.

(ii) Pass such other and further orders as may be deemed fit and proper in Signature Not Verified the facts and circumstances of the case.

2. The facts as detailed in the petition reveal that various FIRs have been filed against the petitioner and company namely, HBN Dairies & Allied Pvt. Ltd. all over the country alleging that many people including the complainants in the said FIRs, had deposited money with the said company and the company had promised to return the double of the deposited amount within a specified time on maturity. Thereafter, on maturity, when the said amount was not repaid to the people including the complainants, the aforesaid FIRs were registered as a result of which, the present petitioner was arrested. The trial commenced in all the FIRs but at a slow pace and the company has repaid the amount to many of the complainants including other persons/depositors. Certain FIRs in question were lodged at a time when company was in the process of closing down all activities pursuant to directions by SEBI and was cooperating with the SEBI and the SAT towards redressing the issue of repayment to its depositors and thus, there was no mens-rea of cheating or defrauding the depositors.

3. It is contended by the counsel that against the petitioner, the First Information Reports in respect of the above, have been lodged at various Police Stations in various State. So far as, the State of Madhya Pradesh is concerned, the following First Information Reports have been lodged:-

4. It is contended by the counsel that the aforesaid cases pertain to the same chain of transaction and the trial of the cases at different places will contravene the concept of speedy trial. The present petitioner would not be in a position to defend himself properly as the trials are going on at different places. It is further contended by the counsel that the petitioner had approached the Apex Court as well. The Apex Court vide order dated 06.11.2023 in W.P. (Criminal) No.341/2022 contained in Annexure P/10, extended liberty to the present petitioner to approach the respective High Courts for the purposes of clubbing of the FIRs which have been lodged at different places in territorial jurisdiction of such High Courts. It is contended by the counsel that the issue pertaining to clubbing of First Information Reports is no more res-integra and the same has been conclusively dec