Filing Common Chargesheet in Multiple Cases Against Same Accused Impermissible - Karnataka High Court

6/8/2021 Filing Common Chargesheet In Multiple Cases Against Same Accused Impermissible : Karnataka High Court
Filing Common Chargesheet In Multiple Cases

Against Same Accused Impermissible :
Karnataka High Court
Mustafa Plumber 8 Jun 2021 11:51 AM
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The Karnataka High Court has said filing of a common charge-sheet for complaints filed by the
individual investors against the same accused in different police stations is against the law and
filing amalgamated charge-sheet is impermissible under the Criminal Procedure Code (CrPC)

A single bench of Justice K Natarajan held :
"The State-C.I.D. Police have no authority to file a common charge-sheet in different complaints.
However, the Investigating Officer has to file a separate charge sheet against each crime
registered by the Police on individual complaint. Thereafter, the Special Court shall take
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cognizance of the offences both punishable under the IPC and the Special Act by following the
Cr.P.C. and dispose of the matter in accordance with law."
The court relied on the order to Delhi High Court in the case of STATE v. KHIMJI BHAI
JADEJA (Crl. Ref. No.1 of 2014 dated 8-7-2019) which had considered the judgments of various
High Courts as well as Supreme Court and held that filing an amalgamated charge-sheet is
impermissible.
It said "The offences which are similar in nature committed by the same accused within twelve
months can be tried together by framing a common charge as per Section 219 of the Cr.P.C, but
the question of filing a common charge-sheet in multiple crimes or complaints is impermissible."
The CID had moved the court challenging an order dated 8-8-2016 passed by the Principal
District and Sessions Judge, Mysuru, for having rejected the charge-sheet filed by the Police
Inspector, Financial and Vigilance Unit, C.I.D.
Justice Nataranjan also set aside the order of the special court discharging the accused Greenbuds
Agro Farms Limited Company and accused Nos.2 to 5 are the Managing Directors and Directors
of the said Company, alleged of duping investors.
The court had rejected the charge-sheet filed under the Karnataka Protection of Interest of
Depositors in Financial Establishments Act, 2004, on the ground that the Police Inspector is not
the Competent Officer to file the report or for taking action and hence, the accused were
discharged for the offence punishable under Section 9 of the Act. However, liberty was granted to
the Investigating Officer to file a charge-sheet before the jurisdictional Magistrate for the offences
punishable under the Indian Penal Code.
The court said "Though the Trial Court rightly refused to accept the charge-sheet, but committed
an error in discharging the accused and directing the Investigating Officer to file the charge-sheet
before the jurisdictional Magistrate. Once the Special Court is established, the question of
discharging the accused for the reasons that the charge-sheet is filed by incompetent Investigating
Officer does not arise. The Trial Court misread the provisions of the Special Act and has not
considered Section 4 of the Cr.P.C."
It added "As per Section 4(2) of the Cr.P.C., all offences under any other law shall be investigated,
inquired into, tried and otherwise dealt with according to the same provisions, but subject to any
enactment for the time being in force regulating the manner or place of investigating, inquiring
into, trying or otherwise dealing with such offences. Such being the case, bifurcating the offences
punishable under IPC and Special Law is not correct. Both the offences are required to be tried
together by the Special Court established under the Act."
The court while quashing the order of the special court directed "Further, the Special Court is
directed to return the charge-sheet to the Investigating Officer in order to file separate charge-
sheet in respect of each individual complaint and thereafter, the Trial Court shall proceed in
accordance with law."
Click here to read/download the judgment

Filing Common Chargesheet in Multiple Cases Against Same Accused Impermissible - Karnataka High Court

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6/8/2021 Filing Common Chargesheet In Multiple Cases Against Same Accused Impermissible : Karnataka High Court

Filing Common Chargesheet In Multiple Cases

A single bench of Justice K Natarajan held :

Cr.P.C. and dispose of the matter in accordance with law."

the question of filing a common charge-sheet in multiple crimes or complaints is impermissible."

Inspector, Financial and Vigilance Unit, C.I.D.

of the said Company, alleged of duping investors.

punishable under the Indian Penal Code.

considered Section 4 of the Cr.P.C."

together by the Special Court established under the Act."

accordance with law."

Click here to read/download the judgment

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