2022 (5) TMI 1640 - SC - Indian Laws

Consolidation and clubbing of multiple FIRs in regard to Bike Bot Scheme - appointment of Special Investigation Team for conducting the Investigations - release from custody with respect to all the F.I.R.s emanating out of the Bike Bot Scheme registered within the jurisdiction of Uttar Pradesh, Delhi and at any other place without the knowledge of the Petitioner - grant of protection to the Petitioner in all the FIRs already lodged - HELD THAT - The Petitioner(s) have filed some applications Under Section 340 of Code of Criminal Procedure to initiate action against the Investigating Agency. In the back drop of the indulgence shown to the Petitioner(s) in terms of this order, learned Counsel for the Petitioner(s), on instructions, submits that the stated applications filed before the Court of Chief Judicial Magistrate, Dadri, District Gautam Budh Nagar shall not be pursued and pressed. The passport and the amount deposited by the concerned Petitioner(s) in the writ petition(s) in this Court or any other court as condition for grant of bail, along with accrued interest, if any, shall stand transferred to the Court of Chief Judicial Magistrate, Gautam Budh Nagar, Greater Noida, Uttar Pradesh and then abide by its order. The writ petitions are partly allowed.

Summary

Issues Involved:
1. Clubbing and consolidation of multiple FIRs.
2. Grant of bail to the Petitioner.
3. Protection from coercive action in future FIRs.
4. Withdrawal of applications u/s 340 CrPC.
5. Transfer of passport and bail amount.
6. Liberty to pursue other remedies for quashing FIRs.

Summary:

1. Clubbing and Consolidation of Multiple FIRs:
The Petitioners sought to consolidate and club all FIRs related to the Bike Bot Scheme with the principal FIR No. 206/2019 dated 12.02.2019, registered at Police Station Dadri, District Gautam Budh Nagar, Uttar Pradesh. The Court agreed to this consolidation, including FIR No. 123/2019 registered at Economic Offence Wing, New Delhi, following the principle enunciated in Amish Devgan v. Union of India and Ors. (2021) 1 SCC 1. The Court noted that multiplicity of proceedings would not serve the larger public interest.

2. Grant of Bail to the Petitioner:
Petitioners sought bail in all FIRs related to the Bike Bot Scheme. The Court did not provide a blanket bail order but allowed the Petitioners to pursue bail applications through appropriate legal channels. The Court emphasized that the trial should proceed based on the supplementary charge sheet to be filed by the Investigating Officer in FIR No. 206/2019.

3. Protection from Coercive Action in Future FIRs:
Petitioners requested protection from coercive actions in future FIRs related to the Bike Bot Scheme. The Court allowed the Petitioners to seek such protection through appropriate legal remedies, leaving all questions regarding this matter open for future adjudication.

4. Withdrawal of Applications u/s 340 CrPC:
During the hearing, Petitioners agreed to withdraw their applications u/s 340 CrPC, which sought action against the Investigating Agency. The Court recorded this withdrawal and disposed of the applications accordingly.

5. Transfer of Passport and Bail Amount:
The Court ordered that the passport and the amount deposited by the Petitioners as a condition for bail, along with accrued interest, be transferred to the Court of Chief Judicial Magistrate, Gautam Budh Nagar, Greater Noida, Uttar Pradesh, to abide by its order.

6. Liberty to Pursue Other Remedies for Quashing FIRs:
The Court granted liberty to the Petitioners and other accused named in the composite FIR/supplementary charge sheet to pursue other legal remedies for quashing FIRs. The Court explicitly stated that all questions regarding this matter are left open.

Order:
The writ petitions were partly allowed in terms of the prayer clause concerning consolidation of all FIRs. Pending applications, if any, were disposed of. The Court set the next hearing date for 13.07.2022 for further proceedings.