2013 (3) TMI 865 - HC - Indian Laws

Summary

Issues Involved:
1. Quashing of prosecutions u/s 482 of Cr.P.C.
2. Relief of anticipatory bail u/s 438 of Cr.P.C.
3. Transfer of cases for joint trial.

Summary:

1. Quashing of Prosecutions u/s 482 of Cr.P.C.:

Criminal Petition Nos. 3392/2012, 3394/2012, 3395/2012, 3396/2012, and 3397/2012 were filed seeking quashing of prosecutions in various criminal cases. The petitioners, including C.P. Yogeshwar and others, were accused of committing various offences under IPC related to a housing project named Vajragiri Township by Megacity (Bangalore) Developers and Builders Limited (MDBL). The allegations included cheating, forgery, misappropriation, and criminal breach of trust. The court noted that the basic facts leading to the prosecutions were interlinked and related to the same project. The court decided that all cases should be tried by the same Presiding Officer to avoid prejudice and conflicting decisions. Therefore, the cases pending before the IV-ACMM were transferred to I-ACMM, Bangalore, for joint trial.

2. Relief of Anticipatory Bail u/s 438 of Cr.P.C.:

Criminal Petition Nos. 4453/2012, 4258/2012, 4260/2012, 4261/2012, and 4262/2012 were filed seeking anticipatory bail. The petitioners directly approached the High Court without approaching the Sessions Court. The court observed that while both the High Court and Sessions Court have concurrent jurisdiction u/s 438 Cr.P.C., it is generally advisable to approach the Sessions Court first. The court cited previous decisions emphasizing that the Sessions Court is nearer and more accessible, and its reasons would benefit the High Court. Since the petitioners did not provide special circumstances for bypassing the Sessions Court, the court directed them to approach the Sessions Court first for anticipatory bail.

3. Transfer of Cases for Joint Trial:

The court, exercising power u/s 407 of Cr.P.C., transferred C.C. Nos. 6414/2012, 6415/2012, 6416/2012, and 6417/2012 pending before the IV-ACMM to the I-ACMM, Bangalore. This was to ensure that all cases related to the Vajragiri Township project, including C.C. Nos. 10389/2010 and 6907/2012, were tried and disposed of together by the same court, thereby avoiding any possible prejudice and conflicting decisions.

Conclusion:

All Criminal Petitions were disposed of with directions to transfer the cases for joint trial and for the petitioners to approach the Sessions Court for anticipatory bail.