The Gauhati High Court has clubbed four FIRs arising from allegations of an ₹80-crore skill development fraud involving more than 20,000 alleged fake labourers or beneficiaries, after finding that the allegations in all four FIRs were the same.

Justice Anjan Moni Kalita observed, “In view of the aforesaid facts, this Court is also of the opinion that allowing four FIRs to independently go ahead will be an abuse of the process of law. It will also be contrary to the settled legal position, which will result in much avoidable multiplicity of proceedings, conflicting findings and serious prejudice to the petitioner in the instant case.”

The observation came in a writ petition filed under Article 226 of the Constitution read with Section 482 CrPC, challenging the registration and investigation of successive FIRs by different police stations in Assam. The petitioner sought clubbing of the subsequent FIRs with the first FIR.

The FIRs arose from allegations concerning a skill development programme floated by the Labour Department, Government of Assam. It was alleged that an amount of ₹80 crore had been sanctioned for skill development training during 2016-19 and allotted to private companies.

The complaints alleged that a list of more than 20,000 fake labourers or beneficiaries was created, that training conducted for two or three days was shown as having continued for 60 days, and that fake bills and food bills were submitted.

The first complaint was registered and was later transferred to Rangia Police Station, and three other FIRs were subsequently registered. The petitioner contended that the allegations in all four FIRs were exactly the same, while the State argued that they had been lodged by different complainants residing at different places and arose from different causes of action.

Considering the matter, the High Court compared the first FIR with the three subsequent FIRs and found that the allegations were exactly the same.

“On perusal of the contents of the FIR and comparing the same with the subsequent three FIRs dated 26.09.2022, 14.10.2022 and 15.11.2022, it can be seen that the allegations in the FIRs are exactly the same.”

The Court noted that the only exception was that the FIR registered at Tihu Police Station included two additional accused persons. It nevertheless found that the allegations made in all four FIRs, the persons alleged to be involved, the companies concerned and the allegations regarding fake beneficiaries and fake bills were common.

“Coming back to the facts of the instant case, it has already been observed that the allegations made by different complainants in all four FIRs are exactly the same. The people alleged to have been involved are the same. The two companies alleged to have been involved, namely, Ajitaaksh Ventures Private Limited and Gargo Institute of Technology are common in all the FIRs.”

The Court further noted that the allegation of creating more than 20,000 fake labourers, making fake bills and fake food bills, and imparting training only for two days while showing completion of 60 days was common to all the FIRs.

“Therefore, the allegations are admittedly regarding one skill development program floated by the Labour Department, Government of Assam.”

On this basis, the High Court found no difference or distinguishable facts between the four FIRs.

“Upon perusal of all the FIRs, this Court does not find any difference or any distinguishable facts in the aforesaid four FIRs. … Taking into account the principles laid down by the Hon'ble Apex Court about sameness and transactions, this Court is of the considered opinion that the allegations narrated in all the FIRs are the same, though filed in different places.”

The High Court accordingly directed the earliest FIR registered at Rangia Police Station to be treated as the principal FIR. The three subsequent FIRs registered at Dispur, Tihu and Dhula Police Stations were ordered to be clubbed with it and treated as statements under Section 162 CrPC.

The Court also directed that the subsequent cases be immediately transferred to Rangia Police Station so that investigation in the first FIR could proceed without delay.

Case Nos.: W.P.(Crl.) No. 43/2022

Case Title: Alok Sarkar v. State of Assam & Ors.

LL Citation: 2026 LiveLaw (Gau) 152

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