Case Note & Summary
The petitioners, office bearers and employees of Bhaichand Hirachand Raisoni Multi State Credit Society, filed a writ petition under Article 226 of the Constitution read with Section 482 CrPC seeking transfer of 77 FIRs registered against them in various police stations across Maharashtra (including Pune, Jalgaon, Kolhapur, Wardha, Amravati) to a single MPID Court at Jalgaon. The FIRs alleged that the society accepted deposits from individuals but failed to return them with promised returns, leading to invocation of Sections 420, 468, 471, 120B read with Section 34 IPC and Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (MPID Act). The petitioners contended that the FIRs were frivolous and filed due to panic, and that the society had 263 branches and was a legitimate credit society. They argued that multiple proceedings would cause great inconvenience and hardship, and that consolidation would ensure a fair trial. The State opposed the transfer, arguing that each FIR was independent and should be tried separately. The court, after hearing both sides, allowed the petition and directed that all 77 FIRs be transferred to the MPID Court at Jalgaon for consolidated trial, holding that the interests of justice require consolidation to avoid multiplicity and harassment of the accused.
Headnote
A) Criminal Procedure - Transfer of Cases - Section 406 CrPC - Consolidation of FIRs - Petitioners, office bearers of a Multi-State Credit Society, sought transfer of 77 FIRs registered across various police stations to a single MPID Court at Jalgaon to avoid multiplicity of proceedings and inconvenience - Court allowed the transfer, holding that consolidation is necessary for fair and expeditious trial (Paras 1-30).
Issue of Consideration
Whether 77 FIRs registered against the petitioners under IPC and MPID Act in various police stations should be transferred to a single MPID Court at Jalgaon for consolidated trial.
Final Decision
The court allowed the petition and directed that all 77 FIRs be transferred to the MPID Court at Jalgaon for consolidated trial.
Law Points
- Transfer of criminal cases
- Consolidation of FIRs
- MPID Act
- Section 406 CrPC
- Multi-State Credit Society
- Deposit default
Case Details
WRIT PETITION NO. 2784 OF 2018
Ranjit More, Bharti H. Dangre
A.H. Ponda i/b Milan Hebballi for the petitioners, A.S. Pai, APP for the State
Pramod Bhaichand Raisoni and ors
The State of Maharashtra & Anr
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Nature of Litigation
Writ petition under Article 226 of the Constitution read with Section 482 CrPC seeking transfer of criminal proceedings.
Remedy Sought
Petitioners sought transfer of 77 FIRs registered in various police stations to a single MPID Court at Jalgaon for consolidated trial.
Filing Reason
Petitioners, office bearers/employees of Bhaichand Hirachand Raisoni Multi State Credit Society, were arraigned as accused in 77 FIRs alleging failure to return deposits. They sought consolidation to avoid multiplicity of proceedings and inconvenience.
Issues
Whether the 77 FIRs should be transferred to a single MPID Court for consolidated trial.
Submissions/Arguments
Petitioners argued that the FIRs were frivolous and filed due to panic, and that multiple proceedings would cause great inconvenience and hardship. They submitted that the society was a legitimate credit society with 263 branches.
State opposed transfer, arguing that each FIR was independent and should be tried separately.
Ratio Decidendi
Consolidation of multiple FIRs arising from the same transaction is necessary to avoid multiplicity of proceedings and harassment of the accused, ensuring fair and expeditious trial.
Judgment Excerpts
The petitioners who are the office bearers/employees of a Credit Society titled as 'Bhaichand Hirachand Raisoni Multi State Credit Society' have invoked the writ jurisdiction of this Court praying for issuance of appropriate direction to transfer the entire proceedings pertaining to 77 CRs registered under the provisions of the Indian Penal Code and The Maharashtra Protection of Interests of Depositors Act (for short 'MPID') in which they are arraigned as accused to a Single MPID Court at Jalgaon.
Procedural History
The petitioners filed Writ Petition No. 2784 of 2018 before the Bombay High Court seeking transfer of 77 FIRs. The petition was reserved on 10th April 2019 and pronounced on 2nd May 2019.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 420, 468, 471, 120B, 34
- Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (MPID Act): 3
- Code of Criminal Procedure, 1973 (CrPC): 406
