Case Note & Summary
The appellant, Mamman Khan, a sitting MLA from Ferozepur Jhirka constituency in Haryana, was arrayed as an accused in FIR Nos.149 and 150 both dated 01.08.2023 registered at Police Station Nagina, District Nuh, in connection with large-scale communal violence that occurred on 31.07.2023. During investigation, multiple individuals were named as accused and joint proceedings commenced before the trial court. However, by orders dated 28.08.2024 and 02.09.2024, the Additional Sessions Judge, Nuh directed the prosecution to file a separate charge sheet against the appellant and ordered segregation of his trial from that of the co-accused. The appellant filed petitions under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 CrPC) before the High Court of Punjab and Haryana at Chandigarh seeking to quash those orders. The High Court dismissed the petitions by common judgment dated 12.12.2024. Aggrieved, the appellant preferred appeals before the Supreme Court. The Supreme Court granted leave and allowed the appeals, setting aside the High Court's judgment and the trial court's orders, thereby restoring the joint trial.
Headnote
A) Criminal Procedure - Segregation of Trial - Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 CrPC) - Inherent Powers - The appellant, an MLA, sought quashing of trial court orders directing separate charge sheet and segregation of his trial from co-accused in FIRs arising from communal violence. The Supreme Court held that the High Court ought to have exercised its inherent powers to prevent abuse of process and quash the orders, as the trial court's direction for segregation was not justified and would cause prejudice to the appellant. (Paras 2-3) B) Criminal Procedure - Joint Trial - Segregation - Section 528 BNSS - The trial court's orders dated 28.08.2024 and 02.09.2024 directing filing of separate charge sheet and segregation of trial of the appellant from co-accused were set aside by the Supreme Court, allowing the appeals and restoring the joint trial. (Paras 2-3)
Issue of Consideration
Whether the High Court erred in dismissing the appellant's petition under Section 528 BNSS (corresponding to Section 482 CrPC) seeking to quash the trial court's orders directing segregation of his trial from co-accused in FIRs related to communal violence.
Final Decision
Appeals allowed. The judgment and order dated 12.12.2024 passed by the High Court of Punjab and Haryana at Chandigarh in CRM-M-61515 and 61516 of 2024 is set aside. The orders dated 28.08.2024 and 02.09.2024 passed by the Additional Sessions Judge, Nuh are also set aside. The trial shall proceed jointly against the appellant and co-accused.
Law Points
- Section 223(d) of the Code of Criminal Procedure
- 1973 mandates joint trial for persons accused of same offence committed in same transaction
- Joint trial is rule and separate trial is exception
- Separate trials permissible only in exceptional circumstances expressly contemplated by law
- Offences forming part of same transaction require mandatory joint trial
- Multiplicity of trials arising from same incident causes injustice prejudice delay
- 'Distinct' offences under Sections 218-223 Cr.P.C refer to unconnected independent acts
- Political status of accused cannot justify deviation from statutory trial procedure
- Article 20(2) of Constitution protects against double jeopardy
- Article 21 guarantees fundamental right to fair trial
- Segregation of trial
- Section 528 BNSS
- Section 482 CrPC
- inherent powers
- quashing of orders
- separate charge sheet
- joint trial
- communal violence
- MLA accused
