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IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION(S) (CRIMINAL) NO(S). 238/2022

ANUBHAV MITTAL & ORS.

PETITIONER(S)

VERSUS

THE STATE OF UTTAR PRADESH & ORS.

RESPONDENT(S)

WITH

WRIT PETITION (CRL.) NO. 258/2022

O R D E R

WRIT PETITION(S) (CRIMINAL) NO(S). 238/2022

The present petition is by three individuals against whom there are

allegations of cheating as also criminal breach of trust and other connected

offences. Several First Information Reports have been lodged against them in the

States of Uttar Pradesh, Haryana, Uttarakhand, Rajasthan and Telangana. As

pleaded, there are 405 registered F.I.Rs to the knowledge of the petitioners and

charge sheets have been submitted and cognizance taken in connection with 271

of these F.I.Rs. The petitioners want all these FIRs, charge sheets and also the

trials commenced in different States along with FIRs, charge sheets that may be

filed in future and trials that may start in future to be consolidated and brought to

the Police Station Surajpur, District Gautam Buddh Nagar, Uttar Pradesh or the

Court having jurisdiction over the said police station. The apparent rationale

Digitally signed by

NIRMALA NEGI

Date: 2022.11.15

15:44:27 IST

Reason:

Signature Not Verified

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behind identifying that police station is that charge­sheet has been submitted in

connection with an F.I.R. lodged in that police station on 31^st January 2017. Steps

have also been taken under the Prevention of Money Laundering Act, 2002, inter­

alia, on the basis of the said F.I.R. It appears that the petitioners were conducting

a web based marketing scheme through a company, Ablaze Info Solutions Pvt.

Ltd., of which the petitioners were directors. Individuals, who participated in the

scheme lodged complaint on not receiving the money as per promise held out. In

this order, we are not giving details or particulars of the scheme as what has been

asked for in this petition is consolidation of all complaints, investigations and

cases by persons who have made allegations of losing money by participating in

the said web based scheme.

The victims who allege to have suffered loss by participating in such scheme

belong to different States as also different jurisdictions within a State. The prayers

for consolidation are very widely framed, and the petitioners seek to confine the

location of all existing as also future complaints, charge­sheets as also trails to a

single police station and the Court having jurisdiction over that police station.

None of the informants or makers of the F.I.R. has been impleaded as party

respondents. Five States and the Superintendent of the Lucknow District Jail have

been arraigned as respondents in this writ petition.

Just because the accused persons are located in a particular State, the

convenience of the latter alone cannot be weighed by this Court for deciding a

proceeding of this nature, in which a super Mandamus has been prayed for to

cover even unknown and future F.I.Rs. Such direction, if given, in exercise of our

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jurisdiction to issue high prerogative writ in the nature of Mandamus under

Article 32 of the Constitution of India, it would override the provisions of the Code

of Criminal Procedure, 1973 on jurisdictional provisions without notifying the

existing as also potential complainants in any manner whatsoever.

The alleged cheating and connected offences have occurred at different parts

of the country and each victim under the existing provisions of law has a right to

prosecute his complaints against the petitioners through the law enforcement

agency under normal circumstances having power to conduct investigation in the

particular territory where complaint is lodged. It is apparent that the petitioners

had mobilised funds from different parts of the country and now, on alleged

default, cannot plead their inconvenience