PARMINDER SINGH AND ORS. Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE criminal misc. petitions under section 482 CrPC have been filed by the petitioners being aggrieved with the order dated 20.02.2015 passed by Additional Chief Metropolitan Magistrate (C.B.I. Cases), Jodhpur Metropolitan (for short 'the trial court' hereinafter) in Cr. Case No. 1/2014, whereby the trial court has dismissed the applications filed on behalf of the petitioners for consolidating the criminal case Nos. 01/2004, 2/2004, 80/2004, 81/2004, 82/2004, 83/2004, 84/2004, 85/2004, 86/2004, 414/2004, 415/2004, 416/2004, 417/2004, 418/2004, 500/2004, 501/2004, 502/2004, 503/2004, 504/2004, 505/2004, 506/2004 and 507/2004.

(2.) LEARNED counsel for the petitioners have submitted that FIR No. RC JDH 2002 -A 0005 was registered on 04.04.2002 by the Anti Corruption Bureau, CBI, Jodhpur Branch for the offences punishable under section 120 -B read with sections 420, 467, 468 and 471 IPC and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988. The CBI after conducting investigation into the allegations levelled in the above mentioned FIR has filed 22 separate charge -sheets before the trial court. It is contended that all the 22 charge -sheets filed by the CBI are arising out of the same FIR and, therefore, as per the provisions of subsection (1) of section 220 of CrPC, all the charge -sheets should be consolidated and tried together. It is contended that the trial court has illegally rejected the application filed by the petitioners while observing that since the offences have been committed by more than one persons and number of the accused is more than one, the same cannot be consolidated. It is contended that the separate charge -sheets filed by the CBI against the petitioners are arising out of one FIR only and are in relation to one transaction only, therefore, the trial court was wrong in holding that since more than one persons have committed the offences and more than one persons are the accused, all the cases cannot be consolidated.

(3.) MR . Panney Singh, learned Special Public Prosecutor appearing on behalf of CBI has also contended that 22 separate charge -sheets filed by the CBI against the petitioners are arising out of one FIR only and he has no objection if all the cases are consolidated and tried together.