Court’s Decision
The Bombay High Court allowed the petitioners’ request to transfer multiple criminal cases registered under the Maharashtra Protection of Interest of Depositors (MPID) Act to a single court in Kolhapur. The Court held that the transfer would ensure expeditious resolution, minimize logistical difficulties, and benefit both the investors and the accused by avoiding unnecessary adjournments.
Facts
- Petitioners: Shital Abhijeet Sawant and Archana Madhav Swami, among others, faced criminal proceedings under multiple FIRs registered in Kolhapur, Pune, and Solapur for alleged offenses under IPC Sections 406, 420, and provisions of the MPID Act.
- Criminal Cases Involved:
- CR No. 68/2021: Sinhgad Road Police Station, Pune.
- CR No. 14/2023: Sangola Police Station, Solapur.
- CR No. 561/2023: Shahupuri Police Station, Kolhapur.
- Existing Clubbing Order: Three cases (CR Nos. 92/2022, 263/2022, and 756/2022) were already clubbed and pending before the Sessions Court, Kolhapur.
Issues
- Whether the pending cases in Pune and Solapur should be transferred to Kolhapur for consolidated adjudication.
- Whether such a transfer would serve the interests of justice and expedite the resolution of disputes involving multiple investors.
Petitioners’ Arguments
- Convenience for Investors and Accused:
- Claimed that a single court handling all cases would prevent delays caused by the accused and investors needing to attend hearings in different locations.
- Expeditious Justice:
- Argued that consolidation would avoid procedural duplication and ensure faster justice for all stakeholders.
Respondents’ Arguments
- Objections to Transfer:
- State authorities raised objections to transferring the cases but acknowledged that all chargesheets had been filed, and the investors in each case were limited in number.
Court’s Analysis
- Efficiency and Expediency:
- The Court emphasized the importance of avoiding delays caused by cases being heard in multiple locations. Consolidating all cases under one jurisdiction would ensure that justice is served expeditiously.
- Limited Stakeholders:
- The Court noted the small number of investors involved in each case (ranging from 2 to 5), making consolidation practical.
- Jurisdictional Considerations:
- Highlighted that the clubbed cases under the same Act were already pending before the Sessions Court, Kolhapur, justifying the inclusion of additional cases.
Precedent Analysis
The Court referred to principles ensuring judicial efficiency and expeditious resolution in multi-jurisdictional disputes, particularly under special statutes like the MPID Act.
Conclusion
The Bombay High Court ordered the transfer of CR Nos. 68/2021, 14/2023, and 561/2023 to the Sessions Court, Kolhapur, where related cases were already pending. The petition was allowed, and the Interim Application was disposed of accordingly.
