Case Note & Summary
The Supreme Court allowed the State's appeal against Delhi High Court judgment that answered reference questions regarding FIR registration in cheating cases involving multiple investors -- The High Court had held that each investor complaint must be registered as separate FIR and cannot be clubbed -- The Supreme Court reversed this finding, holding that police have discretion to investigate multiple complaints under single FIR when they arise from same criminal conspiracy -- The Court clarified that Section 219 CrPC provisions for joinder of charges apply at trial stage, not investigation stage -- The judgment emphasized practical considerations in investigating large-scale fraud cases with numerous victims
Headnote
Criminal Law-- Code of criminal Procedure, 1973-- Sections 218(1), 219 and 395(2)-- Bharatiya Nagrik Suraksha Sanhita, 2023(BNSS)-- Section 242--Indian Penal Code, 1860- Sections 420 and 120B-- Reference at the instance of Session court to the High Court on three issues viz., (i) Cheating of large number of investors/depositors, so all such transactions can be amalgamated and clubbed into a single FIR by showing one investor as complainant and others as witnesses? (ii) If each case is treated a separate transaction then How many such transaction can be amalgamated in one charge sheet? (iii) Maximum punishment is 7 years if clubbing of transaction into one FIR with maximum punishment of 7 years ?-- Reference answere by High court-- Aggrieved-- Challenge to answers to reference by State-- Large number of victims of fraud-- Total 1852 complaints came to be lodged-- Cases referred-- Section 218(1) CRPC requires a distinct and separate charge for every distinct offence and each such separate charge should be tried separately-- Section 242 BNSS allows trial court to try three/five offences of same kind of commtted within a year-- Premature reference-- Investigation is not over-- Consolidation of FIR stage comes after completion of investigation-- Duty of Ld. Magistrate to ascertain whether acts of cheating to constitute part of same transaction-- Answers of High court set aside-- Appeal Allowed Para-- 9, 19, 20, 21, 22
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Issue of Consideration: The Issue of whether in cases of cheating and criminal conspiracy involving multiple investors, each deposit constitutes a separate transaction requiring individual FIR registration or whether police can investigate multiple complaints under a single FIR
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Final Decision
The Supreme Court allowed the State's appeal and reversed the Delhi High Court judgment -- The Court held that police have discretion to investigate multiple complaints under single FIR in cheating cases involving criminal conspiracy -- Each deposit does not automatically require separate FIR registration -- Section 219 CrPC provisions apply at trial stage for joinder of charges, not at investigation stage
