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HIGH COURT OF RAJASTHAN
PUSHPENDRA SINGH BHATI
VIKRAM SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLW/162/2021
CRIMINAL PROCEDURE CODE, 1973 - SECTION 219 - CONSOLIDATION OF CASES - SAME KIND OF OFFENCES COMMITTED WITHIN A YEAR - CLUBBING OF CASES
Fact of the Case:
The petitioner was accused of multiple FIRs registered in various districts for offenses such as cheating, forgery, and criminal conspiracy. The petitioner filed a writ petition seeking consolidation of the cases with the charge-sheet filed by the Special Operations Group (SOG).
Finding of the Court:
The court allowed the petition in part and clubbed together the cases wherein the charge-sheets were filed by the SOG, as per the provisions of Section 219 of the Code of Criminal Procedure (CrPC).
Issues: Whether the offenses alleged against the petitioner were of the same kind and committed within a year, warranting consolidation under Section 219 of the CrPC.
Ratio Decidendi: The court relied on Section 219 of the CrPC, which allows for the consolidation of trials for offenses of the same kind committed within a year. The court held that the offenses alleged against the petitioner were similar and identical, and thus met the criteria for consolidation.
Final Decision: The court clubbed together the cases filed by the SOG and directed the concerned courts to proceed with the adjudication of the consolidated cases.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 162/2021
Vikram Singh S/o Sh. Chhug Singh, Aged About 40 Years, B/c
Rajput, R/o V.p.o.- Indroi, Tehsil Ramsar, Dist. Barmer (Raj.).
Through His Brother Mr. Jashwant Singh S/o Sh. Chhug Singh,
Aged About 38 Years, R/o Beniyon Ka Bas, Ward No. 36, Barmer
(Raj.). (Petitioner Is Presently Lodged At Central Jail, Jodhpur).
----Petitioner
Versus
1.
State Of Rajasthan, Through Secretary, Department Of
Home, Government Of Rajasthan, Jaipur.
2.
Special Operation Group, Through Superintendent Of
Police, Jaipur.
----Respondents
For Petitioner(s)
:
Mr. Jagmal Singh Choudhary, Sr. Adv.,
assisted by Ms. Sampati Choudhary
For Respondent(s)
:
Ms. Anita, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/01/2023
1.
The petitioner has filed the present writ petition against
various FIR’s registered in various districts to consolidate with the
charge-sheet filed by the SOG.
2.
Counsel for the petitioner has shown chart of offences
alleged against the petitioner, which is as follows :
FIR Number &
Date
Police Station
Offence(s)
440/2019 dt.
17.09.2019
Basni, Jodhpur City
(West), Jodhpur
420 & 406 of IPC
291/2019 dt.
02.11.2019
Abu Road City, Sirohi
420, 467, 468, 471
& 120B of IPC
183/2019 dt.
06.09.2019
Luni, Jodhpur City
(West), Jodhpur
420, 406 & 120B
of IPC
32/2019 dt.
23.08.2019
Special Police Station,
SOG, ATS
420, 406, 409, 467,
468, 471 & 120B
of IPC
22/2020 dt.
Balotra, Barmer
420, 406 & 120B
(2 of 4)
[CRLW-162/2021]
08.01.2020
of IPC
470/2020 d.
19.10.2010
Mahamandir, Jodhpur
City (East), Jodhpur
406, 420, 467, 468,
469, 470 471, 506
& 120B of IPC.
248/2019 dt.
10.10.2019
Clock Tower, Ajmer
406, 409, 420, 467,
468, 471, 477A &
120B o IPC.
32/2020 dt.
30.01.2020
Civil Lines, Ajmer
406, 420, 467, 468
& 120B of IPC
139/2019 dt.
01.10.2019
Jhanwar, Jodhpur City
(West), Jodhpur
406, 409, 420 &
120B of IPC
215/2019 dt.
20.09.2019
Banar, Jodhpur (East),
Jodhpur
406 and 420 of IPC
291/2019 dt.
04.1.02019
Sardarpura, Jodhpur City
(West), Jodhpur
420 & 406 IPC.
343/2019 dt.
05.11.2019
Sardarpura, Jodhpur City
(West), Jodhpur
406, 420, 467, 468,
469, 471, 506 &
120B of IPC.
80/2020 dt.
01.03.2020
Sardarpura, Jodhpur City
(West), Jodhpur
406, 420 & 120B
of IPC.
617/2019 dt.
03.11.2019
Mahamandir, Jodhpur
City (East), Jodhpur
406 and 420 of
IPC.
3.
Counsel for the petitioner submits that all the offences
alleged are similar and identical. He further submits that Section
219 Cr. P.C., provides for clubbing of trial of three cases of same
kind committed within a year, to be charged and tried together.
Section 219 Cr.P.C. reads as under:
“219. Three offences of same kind within year may be
charged together-.
(1) When a person is accused of more offences than one of
the same kind committed within the space of twelve
months from the first to the last of such offences, whether
in respect of the same person or not, he may be charged
with, and tried at one trial for, any number of them not
exceeding three.
(2) Offences are of the same kind when they are
punishable with the same amount of punishment under the
same section of the Indian Penal Code (45 of 1860 ) or of
any special or local law:
Provided that, for the purposes of this section, an offence
punishable under section 379 of the Indian Penal Code (45
of 1860 ) shall be deemed to be an offence of the same
(3 of 4)
[CRLW-162/2021]
kind as an offence punishable under section 380 of the said
Code, and that an offence punishable under any section of
the said Code, or of any special or local law, shall be
deemed to be an offence of the same kind as an attempt to
commit such offence, when such an attempt is an offence.”
4.
Accordingly, the petition is partly allowed. The cases
wherein the charge-sheets were filed by the respondent No.2-SOG
before concerned Chief Judicial Magistrate are clubbed together, in
accord
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