Case Note & Summary
The petitioner, Ravinder Singh Sidhu, former Managing Director of KIM Infrastructure and Developers Limited (KIDL), was involved in a large-scale financial fraud where the company floated land allotment schemes and defaulted on repayments. Multiple FIRs were registered across 10 States (Punjab, Madhya Pradesh, Haryana, Gujarat, Chhattisgarh, NCT of Delhi, Uttarakhand, Rajasthan, Uttar Pradesh, Himachal Pradesh) totaling 64 FIRs, primarily under Sections 406, 420, 465, 467, 468, 471 read with 120B, 34, 263, 114 IPC, along with various State-specific depositor protection acts. The petitioner had been in custody since 11.10.2018. The Supreme Court noted that a similar prayer for inter-State transfer was rejected earlier in 2020, but the petitioner now pressed for consolidation within each State, which the States did not oppose. The Court, relying on precedents like Radhey Shyam v. State of Haryana and Abhishek Singh Chauhan v. Union of India, held that multiplicity of proceedings is not in public interest and directed consolidation of FIRs in each State by merging them with the earliest FIR in that State. The subsequent FIRs would be treated as statements under Section 161 CrPC, and the investigating officer of the principal FIR could file supplementary charge-sheets. Where special enactments are involved, the consolidated cases must be tried by the Special Court under the special law. The petition was allowed with these directions.
Headnote
A) Criminal Procedure - Consolidation of FIRs - Multiplicity of Proceedings - The Supreme Court held that multiplicity of proceedings is not in larger public interest and directed consolidation of multiple FIRs registered against the petitioner in different States by merging them with the earliest FIR in each State, treating subsequent FIRs as statements under Section 161 CrPC. (Paras 10-19) B) Criminal Procedure - Special Court Jurisdiction - Transfer of Cases - Where FIRs involve special enactments like State Protection of Depositors Acts, the consolidated cases must be tried by the Special Court under the special law, even if the principal FIR is under general law. (Para 10) C) Criminal Procedure - Supplementary Charge-sheet - Investigation - The Investigating Officer in the principal FIR is permitted to file supplementary charge-sheets after collating records from clubbed FIRs, and if charge-sheets already filed, those cases stand transferred to the principal FIR's court. (Paras 19-20)
Issue of Consideration
Whether multiple FIRs registered against the petitioner in different States can be clubbed and transferred to a single court, and alternatively, whether they can be consolidated within each State.
Final Decision
The writ petition is allowed. The Court directed consolidation of multiple FIRs in each State by merging them with the earliest FIR in that State, treating subsequent FIRs as statements under Section 161 CrPC. The investigating officer of the principal FIR may file supplementary charge-sheets. Where special enactments are involved, the consolidated cases must be tried by the Special Court under the special law. The petition is allowed in the above terms.
Law Points
- Consolidation of FIRs
- Multiplicity of proceedings
- Clubbing of FIRs
- Transfer of cases
- Special court jurisdiction
