SC: Multiplicity of proceedings not in public curiosity, clubs 118 FIRs into one (Ld)

A bench comprising Justices A.M. Khanwilkar, Abhay S. Oka, and J.B. Pardiwala stated: “We, in train of energy underneath Article 142 of the Structure of India, accede to the reduction claimed in phrases of the prayer clause (b) - of consolidation of all FIRs, together with registered in New Delhi with FIR No.353/2015 because the principal FIR and for being proceeded with in accordance with regulation, as we’re of the opinion that multiplicity of the proceedings will not be in the bigger public curiosity as nicely.”

The highest court docket relied upon its verdict delivered in the case of TV journalist Amish Devgan and exercised its vast energy underneath Article 142, which empowers it to go any order to make sure justice, to membership a number of FIRs in the Bike Bot and Grand Venice Mall scams.

The bench famous that as many as 118 FIRs have been filed throughout Uttar Pradesh. Nonetheless, one FIR dated July 6, 2019, is registered at Financial Offence Wing, New Delhi. “We hasten so as to add that the Authorities of NCT of Delhi has no objection to membership this FIR together with the principal FIR,” it famous.

It was submitted earlier than the highest court docket that the investigation in some FIRs has been accomplished and even cost sheets have been filed by the Particular Investigation Group (SIT), which was constituted by the state authorities for all circumstances. Advocate Vishal Gosain, representing one of the accused Satinder Bhasin, contended earlier than the court docket that FIRs ought to be clubbed to keep away from multiplicity of proceedings.

The bench stated: “Additional, will probably be open to the Investigating Officer in the case registered as FIR No.206/2019, to file a supplementary cost sheet which shall be a composite cost sheet to take care of all of the statements collated through the investigation in the opposite circumstances, together with the assertion of complainant in the respective FIR as being assertion underneath Part 161 of the Cr.P.C.”

Within the Bike Bot scheme, an investor needed to pay Rs 62,100 per bike with an assurance of Rs 5,175 in month-to-month returns and different advantages, and the hire was mounted at Rs 4,590 per bike per 30 days. In these multi-level advertising schemes, buyers might make investments in as many bikes as they desired.

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