Rajasthan High Court – Jodhpur
Vikram Singh vs State Of Rajasthan on 31 July, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:32240]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 825/2025
Vikram Singh S/o Chhug Singh, Aged About 45 Years, Resdient
Of Vpo Indroi Tehsil Ramsar District Barmer Rajasthan Through
His Brother Jaswant Singh So Sh Chug Singh Resdient Of Vpo
Indroi Tehsil District Barmer Rajasthan (Presently Lodged At
Central Jail Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary Department Of
Home Government Of Rajasthan Jaipur
2. Registrar, Cooperative Societies Rajasthan Nehru Sahkar
Bhawan Bhawani Singh Road Jaipur
3. The Deputy Registrar, Cooperative Societies Jaipur
4. Special Operation Group, Through Superintendent Of
Police Jaipur
----Respondents
For Petitioner(s) : Mr. Dhirendra Singh, Sr. Adv. Assisted
by Ms. Priyanka Borana
For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
31/07/2025
By way of filing the instant criminal writ petition under Article
226 of the Constitution of India, the petitioner has prayed for
issuance of certain directions upon the learned Courts below for
consolidation of trials in the cases registered against the petitioner
on charges of cheating, misappropriation of property, criminal
conspiracy alongwith other economic offences.
2. A perusal of the case file indicates that the petitioner was
chairperson of Sanjivani Credit Cooperative Society (for brevity,
hereinafter referred to as ‘society’) being registered at the Central
Registrar, Cooperative, New Delhi. The multiple FIRs by different
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people at different places across the State of Rajasthan and other
States have been filed against the petitioner for committing
offences of cheating, criminal breach of trust, forgery, criminal
conspiracy and other economic offences under Sections 420, 406,
409, 467, 468, 469, 471, 477-A, 201 and 120-B of IPC and under
various Sections of Banning of Unregulated Deposit Schemes Act,
2019 (hereinafter referred to as ‘The BUDS Act‘). In criminal
proceedings arising out of these FIRs, some cases are triable by
Magistrate and some are triable by Sessions Court under The Buds
Act including some offences under IPC.
3. Learned counsel for the petitioner submitted that if the
criminal trials against the petitioner are allowed to be continued
before different Criminal Courts across the state, then it would
become impossible and impractical for him to defend himself in
numerous cases filed against him at different parts of the State of
Rajasthan. Learned counsel while making a prayer for
consolidation of trials and clubbing of all the FIRs which actually
arose out of one single incident and same cause of action, submits
that the controversy involved in the matter is squarely covered by
the judgment passed by the co-ordinate Bench of this Court in the
case of “Girdhar Singh Sodha v. State of Rajasthan” (S.B.
Criminal Writ Petition No.2597/2024) decided on 10.02.2025; the
para 22 to 26 of the judgment is reproduced herein below for
ready reference:-
“22. The Code of Criminal Procedure makes classification of
cases concerning the forum of trial, some cases are classified as
triable by the Magistrate, and some are triable by the Court of
Sessions. The definition of the Session Case is not expressly
provided but in common parlance, it is interpreted that a session
case ought to have commenced, adjudicated, and concluded within(Downloaded on 31/07/2025 at 09:56:52 PM)
[2025:RJ-JD:32240] (3 of 12) [CRLW-825/2025]a year. For example, the Financial Session of the year or the
Academic Session of the year. If a Session case is commenced on
the 1st of April 2023 then it must be concluded by the 31st of
March 2024.
23. While considering the rights of the accused, this Court also
needs to consider a smooth and flawless trial, preventing errors in
the criminal proceedings in every corner. If, in any case, the
present situation sustains, it shall result in miscarriage of justice.
Conducting so many trials simultaneously as well as investigations
at the same time where the accused and the nature of charge is
the same, shall be burdensome, causing disturbance to the
administration and procedural laws and would infringe the
fundamental rights of the accused as well. It would be pertinent to
mention here the most important aspect of this case is that, in
many of the cases, the trial has not been commenced yet. From
the facts and circumstances mentioned above it can be speculated
or presumed that conclusion of the trials against the
accused/petitioner in all the cases would take decades. The
average life expectancy of a human being, in general prudence, is
70 to 80 years. The present age of the petitioner is already around
47 years, and more than 133 cases are pending against him. Can
a Constitutional Court may allow an accused to let die in prison
while battling with vicious cycle of the criminal procedure without
hope of a culmination of trial? No, never. Therefore, this court
feels that the place and forum of trial/inquiry investigation of the
cases should be transferred and the total number of cases be
clubbed together in some groups, based on the geographical
status of their lodging, then the purpose of speedy as well as fair
trial can be achieved and the ends of justice be secured.
24. Now coming to another legal aspect of the matter as to
whether the High Court can pass an order of transfer of the
criminal cases for trial to other Courts which do not have territorial
jurisdiction to try the offence but otherwise it’s competent to try
such offence. The answer to this legal proposition is bestowed
under Section 407 of Cr.P.C. which provides authority to the High
Court to transfer cases and appeals within its own jurisdiction from
one Court to another and envisages as under:-
407. Power of High Court to transfer cases and appeals.
(1) Whenever it is made to appear to the High Court –
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(a) that a fair and impartial inquiry or trial cannot be had in
any Criminal Court subordinate thereto; or
(b) that some question of law of unusual difficulty is likely to
arise; or
(c) that an order under this section is required by any
provision of this Code, or will tend to the general convenience
of the parties or witnesses, or is expedient for the ends of
justice,
it may order –
(i) that any offence be inquired into or tried by any Court
not qualified under Sections 177 to 185 (both inclusive),
but in other respects competent to inquire into or try such
offence;
(ii) that any particular case or appeal, or class of cases or
appeals, be transferred from a Criminal Court subordinate
to its authority to any other such Criminal Court of equal
or superior jurisdiction;
(iii) that any particular case be committed for trial to a
Court of Session; or
(iv) that any particular case or appeal be transferred to
and tried before itself.
(2) The High Court may act either on the report of the lower
Court, or on the application of a party interested, or on its own
initiative :
Provided that no application shall lie to the High Court for
transferring a case from one Criminal Court to another
Criminal Court in the same sessions division, unless an
application for such transfer has been made to the Sessions
Judge and rejected by him.
(3) Every application for an order under sub-section (1) shall
be made by motion, which shall, except when the applicant is
the Advocate-General of the State, be supported by affidavit or
affirmation.
(4) When such application is made by an accused person, the
High Court may direct him to execute a bond, with or without
sureties, for the payment of any compensation which the High
Court may award under sub-section (7).
(5) Every accused person making such application shall give to
the Public Prosecutor notice in writing of the application,(Downloaded on 31/07/2025 at 09:56:52 PM)
[2025:RJ-JD:32240] (5 of 12) [CRLW-825/2025]together with a copy of the grounds on which it is made; and
no order shall be made on the merits of the application unless
at least twenty-four hours have elapsed between the giving of
such notice and the
hearing of the application.
(6) Where the application is for the transfer of a case or appeal
from any subordinate Court, the High Court may, if it is
satisfied that it is necessary so to do in the interests of justice,
order that, pending the disposal of the application, the
proceedings in the subordinate Court shall be stayed, on such
terms as the High Court may think fit to impose :
Provided that such stay shall not affect the subordinate Court’s
power of remand under Section 309.
(7) Where an application for an order under sub-section
(1) is dismissed, the High Court may, if it is of opinion that the
application was frivolous or vexatious, order the applicant to
pay by way of compensation to any person who has opposed
the application, such sum not exceeding one thousand rupees
as it may consider proper in the circumstances of the case.
(8) When the High Court orders under sub-section (1) that a
case be transferred from any Court for trial before itself, it
shall observe in such trial the same procedure which that Court
would have observed if the case had not been so transferred.
(9) Nothing in this section shall be deemed to affect any order
of Government under Section 197.
By exercising power provided under Section 407 of Cr.P.C. for the
general convenience of the parties and to serve the ends of
justice, this Court deems it appropriate to pass an order of
consolidation of cases.
25. This Court is also aware of the inconvenience that is going to
be caused to the different complainants in contesting their case at
a different place, but at the same time, this court also considers
the rights of the accused to defend properly in large number of
cases simultaneously at different places. When comparing both on
the scale of Justice, the right of the accused of multiple cases is
more substantial than the inconvenience caused to the
complainant, in the given circumstance. For example, if one trial is
initiated in Kota and another one in Sri Ganganagar which is
around 732 kilometers, so much administrative burden and
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inconvenience will be caused to the entire judicial system/state
machinery in making necessary arrangements to produce the
accused before the courts.
26. Considering every aspect of the case at hand, this Court
deems it just and proper to issue certain directions to the trial
Courts about the cases arising out of the same or identical cause
of action against accused/petitioner. It is thus deemed appropriate
to consolidate trials/inquiry of criminal cases pending against the
petitioner in nearby districts. All the pending cases can be divided
into some groups based on their approach and geography. A
bunch/group of cases of nearby district/town/city should be
prepared and trial/inquiry of that group can be directed to be done
at a bigger and more convenient place for all the stakeholders.
The cases triable by the Judicial Magistrate shall be consolidated
and transferred to the Courts of the Chief Judicial Magistrate at
Districts mentioned below for their further trial/Judicial
proceeding. It is hereby directed to the investigating agency that
the chargesheet concerning the cases mentioned below must be
submitted to the Courts authorized by this order if in any case
chargesheet has not been filed yet.”
4. On the contrary, learned GA-cum-AAG though opposes the
plea raised in the petition but at the same time he was not in a
position to dispute or refute the fact that the co-ordinate Bench of
this Court while deciding (S.B. Criminal Writ Petition
No.2597/2024) filed on behalf of co-accused Girdhar Singh Sodha
has ordered for clubbing of all the cases.
5. In light of aforementioned judgment passed by co-ordinate
Bench in the case of Girdhar Singh Sodha (Supra), this Court
directs clubbing/consolidation of the cases mentioned in the
instant criminal writ petition in the following manner-
(a). The District and Sessions Judge, Ajmer is directed to make
necessary arrangements by calling the files/entire record from the
places where they are pending presently, to immediately sent all
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the material of the cases mentioned below to the Court of Chief
Judicial Magistrate, Ajmer District for further trial. The particulars
of the cases are as under:-
S. No. FIR No. Police Station District Pending At
1 447/2019 Ramganj Ajmer Details Not
Available
2 552/2019 Kekri Ajmer Details Not
Available
3 590/2019 Kekri Ajmer Details Not
Available
4 800/2019 Beawar Ajmer Details Not
Available
5 102/2022 Ajmer Kotwali Ajmer Details Not
Available
6 104/2022 Ajmer Kotwali Ajmer Details Not
Available
(b). The District and Sessions Judge, Jaisalmer is directed to
make necessary arrangements by calling the files/entire record
from the places where they are pending presently, to
immediately sent all the material of the cases mentioned below
to the Court of Chief Judicial Magistrate, Jaisalmer District for
further trial. The particulars of the cases are as under:-
S. No. FIR No. Police Station District Pending At
1 259/2020 Kotwali Jaisalmer Details Not
Available
(c). The District and Sessions Judge, Jalore is directed to make
necessary arrangements by calling the files/entire record from
the places where they are pending presently, to immediately
sent all the material of the cases mentioned below to the Court
of Chief Judicial Magistrate, Jalore District for further trial. The
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S.No. FIR No. Police Station District Pending At
1 465/2020 Jalore Jalore Details Not
Available
(d). The District and Sessions Judge, Alwar is directed to make
necessary arrangements by calling the files/entire record from
the places where they are pending presently, to immediately
sent all the material of the cases mentioned below to the Court
of Chief Judicial Magistrate, Alwar District for further trial. The
particulars of the cases are as under:-
S.No. FIR No. Police Station District Pending At
1 461/2019 Kherli Alwar Details Not
Available
(e). The District and Sessions Judge, Sikar is directed to make
necessary arrangements by calling the files/entire record from
the places where they are pending presently, to immediately
sent all the material of the cases mentioned below to the Court
of Chief Judicial Magistrate, Sikar District for further trial. The
particulars of the cases are as under:-
S.No. FIR No. Police Station District Status of the
case
1 340/2020 Ringus Sikar Details Not
Available
2 409/2020 Sikar Kotwali Sikar Challan
Filed/ACJM
No.1, Sikar
3 450/2022 Sikar Kotwali Sikar Challan
Filed/ACJM
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(f). The District and Sessions Judge, Kota is directed to make
necessary arrangements by calling the files/entire record from
the places where they are pending presently, to immediately
sent all the material of the cases mentioned below to the Court
of Chief Judicial Magistrate, Kota District for further trial. The
particulars of the cases are as under:-
S.No. FIR No. Police Station District Pending At
1 333/2019 Dadabadi Kota City Details Not
Available
2 409/2019 Dadabadi Kota City Details Not
Available
3 25/2022 Gumanpura Kota Details Not
Available
4 408/2022 Railway Colony Kota Details Not
Available
(g). The District and Sessions Judge, Beawar is directed to
make necessary arrangements by calling the files/entire record
from the places where they are pending presently, to
immediately sent all the material of the cases mentioned below
to the Court of Chief Judicial Magistrate, Beawar District for
further trial. The particulars of the cases are as under:-
S.No. FIR No. Police Station District Pending At
1 327/2020 Raipur Beawar Details Not
Available
2 174/2023 Jaitaran Beawar Details Not
Available
(h). The District and Sessions Judge, Bhilwara is directed to
make necessary arrangements by calling the files/entire record
from the places where they are pending presently, to
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to the Court of Chief Judicial Magistrate, Bhilwara District for
further trial. The particulars of the cases are as under:-
S.No. FIR No. Police Station District Pending At
1 136/2023 Kareda Bhilwara Details Not
Available
(i). The District and Sessions Judge, Khairtal Tijara is directed
to make necessary arrangements by calling the files/entire
record from the places where they are pending presently, to
immediately sent all the material of the cases mentioned below
to the Court of Chief Judicial Magistrate, Khairtal Tijara District
for further trial. The particulars of the cases are as under:-
S.No. FIR No. Police Station District Pending At
1 392/2019 Mundawat Khairthal Tijara Details Not
Available
(j). The District and Sessions Judge, Hanumangarh is directed
to make necessary arrangements by calling the files/entire
record from the places where they are pending presently, to
immediately sent all the material of the cases mentioned below
to the Court of Chief Judicial Magistrate, Hanumangarh District
for further trial. The particulars of the cases are as under:-
S.No. FIR No. Police Station District Pending At
1 502/2019 Nohar Hanumangarh Details Not
Available
6. It is further directed that the cases registered under the
BUDS Act alongwith other economic charges and entire
records/files against the petitioner, under the same or identical
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cause of action, shall be forwarded to the Court of District and
Sessions Judge, Jodhpur, authorizing it as forum entitled and
competent to try those cases in a consolidated manner.
Accordingly, instructions are issued to the concerned ADJs/
District and Sessions Court at Ajmer, Alwar, Balotra,
Barmer, Bharatpur, Bikaner, Bhilwara, Chittorgarh,
Dungarpur, Sriganganagar, Jaipur District, Jalore,
Jhunjhunu, Jodhpur Metro, Merta City, Pali, Rajsamand,
Seekar, Tonk and Udaipur to do the needful. The accused-
petitioner so also the respondents shall be at liberty to make a
request in this regard in consonance with the present order to
the concerned ADJs/District and Sessions Judges. It is
further directed to the Investigating Agency that the
chargesheet concerning the above mentioned cases must be
submitted to the Courts authorized by this order, if in any case,
it is not filed yet.
7. This arrangement for continuing the trial/judicial proceedings
has been made to ensure effective fair and speedy trial/judicial
proceedings pending against the petitioner. The cases triable by
the Magistrate have been directed to be tried by the Chief
Judicial Magistrate as mentioned in the preceding paras. All the
cases containing charges of the BUDS Act with offences of
others statues have been directed to be tried by the District and
Sessions Judge, Jodhpur, District Jodhpur. It is hereby directed
that all the needful, as directed, shall be done as expeditiously
as possible preferably with two months from the date of passing
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of this order. Upon completion of transfer of cases, the petitioner
will be informed/intimated the date on which the consolidated
trial shall commence and the petitioner has to appear on that
day. The Courts concerned are directed to make all possible
efforts to conclude the trial/judicial proceedings as early as
possible.
8. It is clarified that this Court has not expressed any opinion on
the merits of the allegations contained in the various FIRs.
9. Accordingly, the instant criminal writ petition is allowed.
10. All pending applications, if any, are disposed of.
11. Registrar (Judicial) is directed to send a copy of this order to
the Courts concerned to do the needful. After doing the needful,
Courts concerned shall send a report, with particulars of the
cases, to this Court, which shall be kept in this file. A copy of
this order shall also be forwarded to the Director General of
Police and Superintendent of Police, SOG, Jaipur for compliance
of the order for issuance of directions to the officer concerned
for their future course of action.
(KULDEEP MATHUR),J
241-himanshu/-
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