HUSSAIN MOHAMMAD Vs. TOLARAM

JUDGEMENT

(1.) Since the instant batch of petitions raises common questions of law and fact, and in view of the consent accorded by the learned counsel appearing for the respective parties, all the petitions are being heard conjointly and are being disposed of by means of this common judgment, to avoid multiplicity of proceedings and to ensure judicial economy.

(2.) The principal as well as incidental reliefs sought by the petitioners in the present set of petitions relate to the issuance of appropriate directions for consolidation and joint investigation of all thirteen First Information Reports (hereinafter referred to as the 'impugned FIRs'). The petitioners have prayed that the said FIRs be clubbed and the investigation thereof be entrusted to a single investigative agency functioning under the supervision of an Indian Police Service (IPS) officer, who is posted in any district of the State of Rajasthan, excluding the districts of Baran and Jhalawar. The petitioners have further prayed that any additional FIRs, if registered in connection with the same subject matter, be also transferred to and investigated by the said authority to ensure consistency and impartiality in the investigation process.

(3.) In the alternative and/or additionally, the petitioners have invoked the inherent powers of the Court under Sec. 482 of the Code of Criminal Procedure, 1973 (now corresponding to Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023), seeking quashing of the impugned FIRs along with all consequential proceedings arising therefrom. It is contended that the FIRs in question are registered on vague, indefinite, and unsubstantiated allegations, and are founded upon mere conjectures and assumptions, thereby constituting an abuse of the process of law.