Source:iPleaders
Pawan Tamrakar and Ors. v. M.P. Special Police Establishment and Ors., 2021
(MP High Court)
Brief Facts
The allegation against the petitioner is that while working in a different capacity in Genius Paramedical Institute, he had submitted a forged list of students and claimed scholarship amount. Separate FIRs got registered against him with respect to each student. He was charged u/s 120-B, 409, 420, 467, 468 of the IPC and u/s 13(1)(d) and 13(2) of the Prevention of Corruption Act.
The fundamental basis on which the jurisdiction of the Supreme Court was invoked under Article 32 of the Constitution of India, was the filing of multiple FIRs and complaints in various States and Union Territories arising out of the same cause of action.
Argument advance
Petitioner – Shri Anil Khare, a learned Senior Advocate appearing for the petitioners submits that all the FIRs are based upon the same preliminary enquiry; they relate to the same academic year and are based upon the same cause of action, therefore all the impugned FIRs should be consolidated and clubbed.
Respondent – the petition of the appellant shall be dismissed on the ground of delay itself as the FIRs were registered 5 years back. Also, it is not the same offence, but FIRs have been registered on different courses run by the institute and for different reserved categories of students.
Observation of the High Court