[2025:RJ-JD:32240]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 825/2025 Vikram Singh S/o Chhug Singh, Aged About 45 Years, Resdient Of Vpo Indroi Tehsil Ramsar District Barmer Rajasthan Through His Brother Jaswant Singh So Sh Chug Singh Resdient Of Vpo Indroi Tehsil District Barmer Rajasthan (Presently Lodged At Central Jail Jodhpur)

----Petitioner Versus

1. State Of Rajasthan, Through Secretary Department Of Home Government Of Rajasthan Jaipur

2. Registrar, Cooperative Societies Rajasthan Nehru Sahkar Bhawan Bhawani Singh Road Jaipur

3. The Deputy Registrar, Cooperative Societies Jaipur

4. Special Operation Group, Through Superintendent Of Police Jaipur ----Respondents For Petitioner(s) : Mr. Dhirendra Singh, Sr. Adv. Assisted by Ms. Priyanka Borana For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

31/07/2025 By way of filing the instant criminal writ petition under Article

226 of the Constitution of India, the petitioner has prayed for issuance of certain directions upon the learned Courts below for consolidation of trials in the cases registered against the petitioner on charges of cheating, misappropriation of property, criminal conspiracy alongwith other economic offences.

2. A perusal of the case file indicates that the petitioner was chairperson of Sanjivani Credit Cooperative Society (for brevity, hereinafter referred to as ‘society’) being registered at the Central Registrar, Cooperative, New Delhi. The multiple FIRs by different people at different places across the State of Rajasthan and other States have been filed against the petitioner for committing offences of cheating, criminal breach of trust, forgery, criminal conspiracy and other economic offences under Sections 420, 406, 409, 467, 468, 469, 471, 477-A, 201 and 120-B of IPC and under various Sections of Banning of Unregulated Deposit Schemes Act, 2019 (hereinafter referred to as ‘The BUDS Act’). In criminal proceedings arising out of these FIRs, some cases are triable by Magistrate and some are triable by Sessions Court under The Buds Act including some offences under IPC.

3. Learned counsel for the petitioner submitted that if the criminal trials against the petitioner are allowed to be continued before different Criminal Courts across the state, then it would become impossible and impractical for him to defend himself in numerous cases filed against him at different parts of the State of Rajasthan. Learned counsel while making a prayer for consolidation of trials and clubbing of all the FIRs which actually arose out of one single incident and same cause of action, submits that the controversy involved in the matter is squarely covered by the judgment passed by the co-ordinate Bench of this Court in the case of “Girdhar Singh Sodha v. State of Rajasthan” (S.B. Criminal Writ Petition No.2597/2024) decided on 10.02.2025; the para 22 to 26 of the judgment is reproduced herein below for ready reference:-

“22. The Code of Criminal Procedure makes classification of cases concerning the forum of trial, some cases are classified as triable by the Magistrate, and some are triable by the Court of Sessions. The definition of the Session Case is not expressly provided but in common parlance, it is interpreted that a session case ought to have commenced, adjudicated, and concluded within a year. For example, the Financial Session of the year or the Academic Session of the year. If a Session case is commenced on the 1^st of April 2023 then it must be concluded by the 31st of March 2024.

23. While considering the rights of the accused, this Court also needs to consider a smooth and flawless trial, preventing errors in the criminal proceedings in every corner. If, in any case, the present situation sustains, it shall result in miscarriage of justice. Conducting so many trials simultaneously as well as investigations at the same time where the accused and the nature of charge is the same, shall be burde