Case Note & Summary
The case involved a petition filed under Article 226 of the Constitution of India by the Petitioners, who faced four FIRs for offences under the Bharatiya Nyaya Sanhita, 2023. The Petitioners were accused of luring individuals to invest in foreign exchange trading with promises of high returns, but failed to return the principal or any profits. The Petitioners sought to club all FIRs together for a consolidated trial, arguing that they stemmed from the same transaction. The court heard arguments from both sides, with the learned Advocate for the Petitioners emphasizing the similarity of allegations across the FIRs. The learned APP acknowledged that the same investigation officer was handling all cases and conceded that the first informants had been duped in a similar manner. The court found that the allegations were indeed similar and arose from the same transaction, leading to the decision to allow the clubbing of FIRs for a unified trial. The court ordered that the FIRs from Sarthana Police Station be clubbed with the FIR from Udhna Police Station, thereby facilitating a more efficient judicial process.
Headnote
A) Criminal Procedure - Clubbing of FIRs - Same Transaction Principle - Article 226 of the Constitution of India - The court allowed the clubbing of FIRs as all allegations arose from the same transaction involving foreign exchange investments, ensuring a unified trial for efficiency and justice. Held that the FIRs from Sarthana Police Station were to be clubbed with the FIR from Udhna Police Station (Paras 11-13).
Issue of Consideration
Whether the FIRs registered against the Petitioners can be clubbed for trial due to arising from the same transaction.
Final Decision
The court allowed the petition, ordering the FIRs registered with Sarthana Police Station to be clubbed with the FIR registered with Udhna Police Station for a consolidated trial.
Law Points
- Article 226 of the Constitution of India
- clubbing of FIRs
- same transaction principle
