Multiple FIRs against the same accused arising out of transactions with the same entity and involving identical allegations should be clubbed into a single proceeding, with the earliest FIR treated as the principal FIR to prevent multiplicity and abuse of process.

SURYA PARTAP SINGH, J.

This petition under Section 528 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’, has been filed by the petitioner for clubbing/consolidating 10 FIRs, mentioned in Annexure P/1, registered at the instance of different complainants on similar allegations in different police stations against the petitioner.

In nut-shell the facts emerging from record are that there exists a society named ‘Human Welfare Credit & Thrift Co-operative Society Limited’, and that the abovementioned Society offered various investment schemes, such as Fixed Deposits, Recurring Deposits, monthly income plans and ‘Sukanya Samridhi Yojana’. The abovementioned schemes were launched with a claim of providing higher interest rates, than the rates offered by Government Banks. The assurance of complete safety of the invested amounts was also given. Relying upon the abovesaid representations, the complainants in all the FIRs registered against the petitioner invested different sums of money in the abovementioned Society. However, after the year 2024, the Society stopped returning the invested amounts. It has been alleged in the FIRs that the Society has cheated the investors and usurped the money of investors/depositors.

The petitioner has further claimed that there is no allegation that he had played an active or role in the commission of alleged offences. As per petitioner, in a very clandestine manner, different FIRs have been lodged against him, which pertain to the same transactions and have similar allegations. The petitioner has further alleged that as on today there are ten FIRs registered against him. The details of such FIRs have been provided, which read as under:-

According to the petitioner, he has been subjected to multiple prosecutions, through different FIRs registered on similar and identical allegations by different complainants, which are arising out of the same set of transactions and facts, and that the multiplicity of the FIR not only causes serious prejudice to the petitioner’s right to fair investigation and defence, but also amount to abuse of process of law. Hence the present petition for clubbing of FIRs.

Heard.

It has been contended by learned counsel for the petitioner that the petitioner, who is a 50-year-old respectable member of the Society, working in a textile company at Panipat, is being subjected to multiple prosecutions, arising out of the same transactions. According to learned counsel for the petitioner, a Society, namely ‘Human Welfare Credit & Thrift Co-operative Society Limited’, was offering various investment schemes, assuring higher interest rates, and that various persons including the complainant had