Case Note & Summary
The petitioners, former directors of M/s Krrish Realtech Pvt. Ltd., filed a writ petition under Article 32 of the Constitution seeking clubbing or transfer of multiple FIRs registered against them in different jurisdictions. The FIRs arose from the same real estate project 'Brahma City/Krrish World', where the company accepted bookings from homebuyers but failed to deliver possession due to delays beyond their control. The Economic Offence Wing (EOW) of Delhi Police had already registered FIR No. 30/2019 clubbing complaints of 83 homebuyers, and later 28 more complaints were added. However, other FIRs were registered in different police stations across Haryana and Delhi. The petitioners argued that multiple proceedings would cause harassment and abuse of process. The Supreme Court, considering the facts and the need to avoid multiplicity, allowed the petition and directed that all FIRs be transferred to EOW Delhi for consolidated investigation. The court held that the interests of justice require clubbing of cases arising from the same transaction to prevent conflicting findings and unnecessary burden on the accused.
Headnote
A) Criminal Procedure - Clubbing of FIRs - Transfer of Cases - Multiple FIRs arising from same transaction - Petitioners sought clubbing/transfer of FIRs registered in different jurisdictions pertaining to same real estate project 'Brahma City/Krrish World' - Court allowed the petition and directed transfer of all FIRs to EOW Delhi for consolidated investigation - Held that to avoid multiplicity of proceedings and abuse of process, all FIRs be investigated by EOW Delhi (Paras 1-10).
Issue of Consideration
Whether multiple FIRs registered against the petitioners in different jurisdictions arising out of the same real estate project transactions should be clubbed and transferred to one investigating agency to avoid multiplicity of proceedings.
Final Decision
The Supreme Court allowed the writ petition and directed that all FIRs registered against the petitioners in different jurisdictions pertaining to the real estate project 'Brahma City/Krrish World' be transferred to the Economic Offence Wing (EOW), New Delhi for consolidated investigation.
Law Points
- Clubbing of FIRs
- Transfer of cases
- Multiplicity of proceedings
- Abuse of process of law
- Section 406 IPC
- Section 420 IPC
- Section 120B IPC
- Article 32 Constitution of India
