Rajasthan High Court - Jodhpur
Vikram Singh vs State Of Rajasthan on 3 January, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 162/2021
Vikram Singh S/o Sh. Chhug Singh, Aged About 40 Years, B/c
Rajput, R/o V.p.o.- Indroi, Tehsil Ramsar, Dist. Barmer (Raj.).
Through His Brother Mr. Jashwant Singh S/o Sh. Chhug Singh,
Aged About 38 Years, R/o Beniyon Ka Bas, Ward No. 36, Barmer
(Raj.). (Petitioner Is Presently Lodged At Central Jail, Jodhpur).
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Home, Government Of Rajasthan, Jaipur.
2. Special Operation Group, Through Superintendent Of
Police, Jaipur.
----Respondents
For Petitioner(s) : Mr. Jagmal Singh Choudhary, Sr. Adv.,
assisted by Ms. Sampati Choudhary
For Respondent(s) : Ms. Anita, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 03/01/2023
1. The petitioner has filed the present writ petition against various FIR's registered in various districts to consolidate with the charge-sheet filed by the SOG.
2. Counsel for the petitioner has shown chart of offences alleged against the petitioner, which is as follows :
FIR Number & Police Station Offence(s) Date 440/2019 dt. Basni, Jodhpur City 420 & 406 of IPC 17.09.2019 (West), Jodhpur 291/2019 dt. Abu Road City, Sirohi 420, 467, 468, 471 02.11.2019 & 120B of IPC 183/2019 dt. Luni, Jodhpur City 420, 406 & 120B 06.09.2019 (West), Jodhpur of IPC 32/2019 dt. Special Police Station, 420, 406, 409, 467, 23.08.2019 SOG, ATS 468, 471 & 120B of IPC 22/2020 dt. Balotra, Barmer 420, 406 & 120B (Downloaded on 11/11/2023 at 09:17:53 PM) (2 of 4) [CRLW-162/2021] 08.01.2020 of IPC 470/2020 d. Mahamandir, Jodhpur 406, 420, 467, 468, 19.10.2010 City (East), Jodhpur 469, 470 471, 506 & 120B of IPC.
248/2019 dt. Clock Tower, Ajmer 406, 409, 420, 467, 10.10.2019 468, 471, 477A & 120B o IPC.
32/2020 dt. Civil Lines, Ajmer 406, 420, 467, 468 30.01.2020 & 120B of IPC 139/2019 dt. Jhanwar, Jodhpur City 406, 409, 420 & 01.10.2019 (West), Jodhpur 120B of IPC 215/2019 dt. Banar, Jodhpur (East), 406 and 420 of IPC 20.09.2019 Jodhpur 291/2019 dt. Sardarpura, Jodhpur City 420 & 406 IPC. 04.1.02019 (West), Jodhpur 343/2019 dt. Sardarpura, Jodhpur City 406, 420, 467, 468, 05.11.2019 (West), Jodhpur 469, 471, 506 & 120B of IPC.
80/2020 dt. Sardarpura, Jodhpur City 406, 420 & 120B 01.03.2020 (West), Jodhpur of IPC. 617/2019 dt. Mahamandir, Jodhpur 406 and 420 of
03.11.2019 City (East), Jodhpur IPC.
3. Counsel for the petitioner submits that all the offences alleged are similar and identical. He further submits that Section 219 Cr. P.C., provides for clubbing of trial of three cases of same kind committed within a year, to be charged and tried together.
Section 219 Cr.P.C. reads as under:
"219. Three offences of same kind within year may be charged together-.
(1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.
(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860 ) or of any special or local law:
Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code (45 of 1860 ) shall be deemed to be an offence of the same (Downloaded on 11/11/2023 at 09:17:53 PM) (3 of 4) [CRLW-162/2021] kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence."
4. Accordingly, the petition is partly allowed. The cases wherein the charge-sheets were filed by the respondent No.2-SOG before concerned Chief Judicial Magistrate are clubbed together, in accordance with the provision contained in Section 219 Cr.P.C., as per the following tables:
One Charge One Trial S.No. FIR Number Name of Police Station
1. 343/2019 Sardarpura, Jodhpur City (West), Jodhpur
2. 291/2019 Sardarpura, Jodhpur City (West), Jodhpur
3. 80/2020 Sardarpura, Jodhpur City (West), Jodhpur One Charge One Trial S.No. FIR Number Name of Police Station
1. 470/2020 Mahamandir, Jodhpur City (East), Jodhpur
2. 617/2019 Mahamandir, Jodhpur City (East), Jodhpur
3. 215/2019 Banar, Jodhpur City (East), Jodhpur One Charge One Trial S.No. FIR Number Name of Police Station
1. 440/2019 Basni, Jodhpur City (West), Jodhpur
2. 183/2019 Luni, Jodhpur City (West), Jodhpur
3. 139/2019 Jhanwar, Jodhpur City (West), Jodhpur (Downloaded on 11/11/2023 at 09:17:53 PM) (4 of 4) [CRLW-162/2021] One Charge One Trial S.No. FIR Number Name of Police Station
1. 248/2019 Clock Tower, Ajmer
2. 32/2020 Civil Lines, Ajmer 4.1 The Chief Metropolitan Magistrate, Jodhpur Metropolitan, Jodhpur and the Chief Judicial Magistrate, Ajmer shall make over the matters in the manner, as batched/grouped in the above tables, to the courts subordinate to them, for the necessary adjudication, strictly in accordance with law. 4.2 However, the other cases, as mentioned in the following table, shall be proceeded with separately, strictly in accordance with law.
S.No. FIR Number Name of Police Station
1. 291/2019 Abu Road City, Sirohi
2. 32/2019 Special Police Station, SOG, ATS
3. 22/2020 Balotra, Barmer.
All pending applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
188-Sanjay/-
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