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Supreme Court Issues Notice In Plea Filed By A Person Against Whom 95 FIR's Have Been Filed Seeking Consolidation Of Pending Criminal Trial and FIR's

Shruti Kakkar
11 Dec 2021 4:53 AM GMT
Supreme Court Issues Notice In Plea Filed By A Person Against Whom 95 FIRs Have Been Filed Seeking Consolidation Of Pending Criminal Trial and FIRs
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The Supreme Courton Friday issued notice in a writ petition preferred by an accused against whom 95 FIRs have been filed seeking clubbing of all the trials, pending FIR's and its consequent trials in 5 states and bringing them before a Single Court of Law.The bench of Justices LN Rao and BR Gavai also tagged the matter with Prashant Chagan Patil & Ors v. M/S Future Maker Life Care...

The Supreme Courton Friday issued notice in a writ petition preferred by an accused against whom 95 FIRs have been filed seeking clubbing of all the trials, pending FIR's and its consequent trials in 5 states and bringing them before a Single Court of Law.

The bench of Justices LN Rao and BR Gavai also tagged the matter with Prashant Chagan Patil & Ors v. M/S Future Maker Life Care Private Limited WP (criminal) 331/2020.

When the matter was called for hearing, Senior Advocate Siddhartha Dave appearing for the petitioner submitted that cases were registered against the petitioner across various states from Rajasthan to Madhya Pradesh.

Justice LN Rao the presiding judge of the bench while referring to a matter which is sub judice before the Top Court in which the petitioner has been in custody for 16 years said that in that matter, the bench had sought Solicitor General Tushar Mehta's assistance to come up with the solution to deal with the matters in which multiple FIR's were registered against a particular person in a ponzi scam in multiple states.

"How can you ask to transfer cases? If you indulged in crimes like these. We have cases where a person has been in custody for 16 years. We've sought SG's assistance," Justice Rao said.

While referring to the matter with which the bench tagged the matter Justice Rao further said, "We've tried to talk to the witnesses for the counsel of the MP. Problem is that you can't transfer matter."

Details Of The Petition

It has been argued that multiple FIR's (95 FIRs) were registered against the petitioner and other co-accused of USK India Limited and Malwanchal Infrastructure Projects Limited ("Company") in the states of Chattisgarh, Madhya Pradesh, Uttar Pradesh, Haryana, Rajasthan u/s 420, 409, 120B, 406, 506 and under certain state chit funds act.

The petitioner had contended that multiple FIRs were filed in different states wherein allegations were the same and that the genesis and nature of the complaints are the same.

It was also stated in the writ petition that allegations in the FIR were that the agents/ employees of the Company lured the complainants in investing in various policies of the company with assured double return after 5 years and after some time the offices of the companies were shut and the employees were nowhere to be found.

"Also, no specific and/or different role has been attributed to the Petitioner in any of the FIR. In such circumstances, it will be in the interest of justice that trial of all pending criminal cases be conducted before the Court of Chief Judicial Magistrate, Alwar, Rajasthan or any other Trial Court as this Hon'ble Court may deem fit and FIRs pending and registered against the petitioner in various States be consolidated and its consequent trials before the Court of Chief Judicial Magistrate, Alwar, Rajasthan or any other Trial Court as this Hon'ble Court may deem fit so as to enable the Petitioner to defend it's case more effectively. Needless to mention that such consolidation of pending criminal trials and FIRs and its consequent trials is not going to cause any prejudice to the complainants on the contrary the likelihood to different pace of Trials taking place in different places, different outcomes of the proceedings can be avoided if the Trial is conducted in one Court at Alwar Rajasthan or any other Court as this Hon 'ble Court may deem fit," the petition stated.

The petition was filed through Advocate Megha Karnwal.

Case Title: Sanjay Verma v State of Madhya Pradesh| W.P.(Crl.) No. 476/2021

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