Constitution of India, Art.226, Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 — Clubbing of FIRs - FIRs concerning the same real estate project - Test is whether they arise from same transaction having a common factual foundation - Mere commonality of project or accused does not justify clubbing - FIRs disclose...
Constitution of India, Art.226, Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 — Clubbing of FIRs — Same transaction - Similarity of subject matter is not synonymous with sameness of transaction — Determinative test is a continuous and indivisible transaction with common factual substratum — Illustration given that multiple...
Constitution of India, Art.226, Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 — Clubbing of FIRs — Double jeopardy and multiplicity — Constitutional and statutory protections against double jeopardy do not extend to distinct offences arising from separate and independent transactions even if parties or project overlap —...
Constitution of India, Art.226, Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 — Clubbing of FIRs - Where complainants have substantially similar grievances disclosing a common modus, they are being associated within same FIR during investigation — No arbitrary fragmentation into multiple FIRs is made out — Consolidation at...
Constitution of India, Art.226, Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 — Clubbing of FIRs - Separate acts of cheating against different persons in distinct transactions cannot be clubbed merely because accused or broader project is common. (Para 35)
Constitution of India, Art.226, Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 — Writ jurisdiction - Extraordinary and inherent jurisdiction to be exercised sparingly and only to prevent manifest abuse or miscarriage of justice — Not to be invoked to stifle legitimate investigation into distinct cognizable offences. (Para...
Criminal trial - Existence of contractual relationships or civil remedies does not bar continuation of criminal proceedings where ingredients of cheating, criminal breach of trust or forgery are prima facie disclosed. (Para 37)
