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Issues involved: Transfer of criminal cases pending before different courts to a single court, consolidation of cases, interpretation of Sections 218 and 220 of Cr.P.C.
Summary: The Supreme Court granted special leave in a case where the respondent, a former Director of a company, was accused of offenses under various sections of the IPC and the Punjab Reforms Act. The respondent sought to consolidate cases pending in different courts through applications under Section 482 of the Cr.P.C. The High Court, relying on a previous order, transferred the cases to a Special Judicial Magistrate, which was challenged before the Supreme Court. The respondent argued for consolidation based on Sections 218 and 220 of the Cr.P.C., claiming that distinct offenses could be tried together. However, the Court clarified that these provisions apply when distinct offenses are tried before the same Magistrate, not when offenses are being tried before different Magistrates. Each offense in this case was distinct as different individuals were defrauded, and there was no provision allowing for the transfer of cases in such circumstances. The Court noted that the High Court mechanically followed a previous order without considering the specific circumstances of the case. It emphasized that the previous order should not be treated as a precedent, indicating that it was not in accordance with the law. The Court asserted its jurisdiction under Article 142 of the Constitution to ensure justice but stated that orders contrary to the law cannot be passed. Consequently, the decisions in the previous cases were overruled, and the appeal was allowed, setting aside the High Court's decision. The Court clarified that its ruling should not prejudice the respondent in the ongoing trial of the cases against him.
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