The Supreme Court recently agreed with a petitioner's claim to grant relief in terms of consolidation of all FIRs, including FIRs registered at other places relating to commercial project-Grand Venice, and said that "multiplicity of the proceedings will not be in the larger public interest."
"We, in the exercise of power under Article 142 of the Constitution of India, accede to the relief claimed in terms of the prayer clause (b) -- of consolidation of all FIRs, including registered in New Delhi with FIR no 353/2015 as the principal FIR and for being proceeded in accordance with law, as we are of the opinion that multiplicity of the proceedings will not be in the larger public interest as well," the bench comprising Justice AM Khanwilkar, Justice Abhay S Oka and Justice JB Pardiwala said.
The court accepted the first FIR as the principal FIR and all other FIRs lodged in connection with the same case were ordered to be consolidated and proceeded with in accordance with the law.
The Counsel appearing for the parties agreed that they would confine the relief of clubbing of multiple FIRs in respect of commercial project-Grand Venice, situated at Greater Noida, with the principal FIR dated June 9, 2015 registered at Kasna Police Station in Greater Noida, Uttar Pradesh.
The court also noted that investigation in respect of some FIRs has been completed and even chargesheet have been filed by the Special Investigation Team (SIT), constituted by the state of Uttar Pradesh in respect of all these cases. In terms of this order, the chargesheet(s) filed in other cases shall stand merged with the chargesheet filed in a criminal case arising out of the FIR.
Further, it will be open to the Investigating Officer in the case to file a supplementary chargesheet, which will be a composite chargesheet to deal with all the statements collated during the investigation in the other cases, including the statement of the complainant in the respective FIR. The supplementary chargesheet will be filed on the basis of the entire record collected during the investigation in the respective cases will be then made the basis to proceed for trial against the petitioner and named accused therein, the Court said.
"Furthermore, the trial shall proceed as per law from the stage of filing of the supplementary charge sheet. In case, the Courts have already taken cognizance on the basis of the chargesheet(s) filed in respective cases, those cases in terms of this order shall stand transferred and merged with the trial of the case," the Court said.
The compliance report in respect of the above directions be filed by the respondent-States before the next date of hearing, the Court said and listed the matter for further hearing on July 21.
The Supreme Court was hearing Satinder Singh Bhasin's plea seeking to consolidate the FIRs into one single FIR and all FIRs be investigated and tried by one single agency. According to Satinder Singh Bhasin, he had been subjected to a sequential multiplicity of FIRs resulting in illegal detention despite getting bail in a similar matter.
The principal FIR filed in the first point of time was registered by the Kasna Police Station in Greater Noida on June 9, 2015. More or less, similar allegations are made in the subsequently filed FIRs by different buyers of the units in the concerned commercial building.
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