Supreme Court Refuses to Club FIRs Across States in Investor Duping Case

Recently, the Supreme Court (SC) of India rejected a plea to consolidate the FIRs filed in different states against individuals accused of duping investors. The court said that it would be inconvenient for the witnesses and complainants to travel long distances for the trial proceedings. The bench of Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran quoted that “prayers for clubbing FIRs from various states and also regarding future FIRs are overambitious and outright illegal…The prayer regarding future FIRs is one which cannot be granted by any court of law”. 

Moreover, the SC observed, “It has to be noticed that therein (Amish Devgan's case), the offence was one, of an alleged objectionable statement leading to hurting of religious sentiments telecast in a television show; which stands distinct from the instant case wherein FIRs were registered on the complaints of the investors of depositors who were alleged to have been duped by the firm diverting the funds leading to loss of their life's savings. We cannot forget that after investigation if a charge sheet is filed, the trial will have to be proceeded with, producing witnesses, being the investors of depositors, from the various locations. In which event the clubbing of FIRs from all the States would not be practical.”

The court has agreed to combine the FIRs lodged in Telangana and Maharashtra, but the FIRs lodged in Karnataka, Bengal, Delhi, and Andhra will be tried separately. The Court clarified that multiple FIRs containing different witnesses, evidence, or law cannot be merged nationwide. The judgment reads, “As we noticed, in Telangana there were 4 crimes registered, three by the Economic Offences Wing, Cyberabad and one in Madhapur, Cyberabad. Hence the FIR registered in Madhapur, Cyberabad will stand transferred to Economic Offences Wing, Cyberabad. In the State of Maharashtra, there are two FIRs registered, One in Ambazari, Nagpur city and the other in Wagle Estate, Thane City. The FIR 210 of 2025 registered in Wagle Estate, Thane City will be transferred to Ambazari, Nagpur City. The clubbing of the single FIRs filed in the State of Karnataka, West Bengal, Delhi, Andhra Pradesh and Rajasthan stand rejected.”

Lastly, the top Court upheld the bail granted for 6 months to the accused because they had spent months in jail, “Considering the fact that they have spent months together in jail, they shall be released on bail on such conditions imposed by the Jurisdictional Magistrate, including that of cooperation in the investigation. Others against whom warrants are pending shall not be arrested.”