Sanchit Alagh & Anr. vs Union of India & Ors.

Not available · 2022 INSC 354Decided 28 Mar 2022
Not available
Uday Umesh Lalit · S. Ravindra Bhat · Pamidighantam Sri Narasimha

Background

The petitioners faced multiple FIRs registered in different police stations across Delhi, Chandigarh, Pune and Thane, all allegedly involving identical allegations. They approached the Supreme Court under Article 32 seeking a single, consolidated investigation by the CBI into all the FIRs, and also sought anticipatory bail for both petitioners in relation to these FIRs. The Court had earlier, in 2019, issued notice and granted interim anticipatory bail while the petition was pending. The Union of India and the CBI filed affidavits stating that the investigations in the individual matters were being conducted in accordance with law.

Decision Breakdown

Having examined the facts and the affidavits on record, the Court found no case made out for transferring the investigation of the multiple FIRs to the CBI, and saw no reason to entertain the petition further. The petitioners' counsel informed the Court that regular bail had already been granted in some of the matters pursuant to the earlier interim order. The Court disposed of the writ petition with the observation that the petitioners could avail the benefit of any such bail orders already granted, and that for any FIRs where bail had not yet been obtained, they would need to apply through the ordinary legal process, with each application to be decided on its own merits.

Lesson Learnt

The Supreme Court will not ordinarily transfer investigation of multiple, separately registered FIRs to a central agency like the CBI merely because the allegations across them appear similar; an accused facing several FIRs must generally pursue bail and other remedies before the appropriate courts in each case rather than seeking a blanket consolidated remedy from the Supreme Court.

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