FIRs In Multiple States Can't Be Clubbed When Offences Under State Enactments Also Involved: Supreme Court
1 year, 4 months ago

FIRs In Multiple States Can't Be Clubbed When Offences Under State Enactments Also Involved: Supreme Court

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The Supreme Court recently declined to club multiple FIRs where the offenses against the petitioner involved not only provisions of the Indian Penal Code but also invoked various state enactments designed to protect investors. The Court observed “In the instant case, the FIRs have been filed against the petitioner in the respective States not only invoking the provisions of the IPC but also the provisions of the respective State enactments, under which special Courts have been constituted to try the offences under those enactments which are made for protection of investors and under each of the State enactments, special courts have been designated to take cognizance and try offences against the accused therein. Therefore, any clubbing of the FIRs would mean that the jurisdiction of the special courts constituted in each of the States would be taken away and a special jurisdiction would be conferred on one of the Courts where the FIRs are to be clubbed to try the offenses which arise under the different State enactments.” The Supreme Court bench comprising Justices BV Nagarathna and Justice Ujjal Bhuyan was hearing a writ petition under Article 32 for clubbing FIRs filed against the petitioner in various states throughout the country before any appropriate Investigating Agency/Court in the State of Delhi. However, ASG Vikramjit Banerjee appearing for the respondent referred to a recent judgment in the case of Balasaheb Keshawrao Bhapkar v. State of Maharashtra which emphasized that the petitioner could approach the jurisdictional High Courts for relief and consolidation of FIRs within each respective state.

History of this topic

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