Separate Investigations for Each Incident: Each Transaction Constitutes a Separate Crime – Andhra Pradesh High Court
In a significant ruling, the High Court of Andhra Pradesh, led by Dr. Justice K. Manmadha Rao, dismissed writ petitions challenging the transfer of FIRs to various regional offices of the CBCID. The court held that each transaction at different company malls constitutes a separate crime, justifying separate investigations. This decision, dated 9th February 2024, impacts the manner in which cases involving multiple incidents across different jurisdictions are handled.
The petitions raised the issue of whether different transactions at various malls operated by New Look Retails Pvt Ltd. constituted separate crimes, warranting distinct investigations and the potential threat of multiple arrests for the same incident.
New Look Retails Pvt Ltd. and its personnel faced several FIRs across different police stations for alleged violations of the Prize Chits and Money Circulation Scheme Act. They contended that transferring these FIRs to different CBCID offices violated their fundamental rights, exposing them to multiple arrests and investigations for the same incident.
Justice Rao observed that each establishment of the petitioner’s company in different locations led to separate incidents and thus, separate crimes. The court noted that combining these complaints could lead to confusion, hampering the course of justice. Despite the petitioners’ contention that such transfers violated their fundamental rights, the court found no merit in these claims.
The judgement was based on the interpretation of the Indian Companies Act, 1956, the Prize Chits and Money Circulation Scheme (Banning) Act, 1978, the AP Protection of Depositors of Financial Establishment Act, and various sections of the Cr.P.C. The court emphasized the need for separate investigations to avoid confusion and ensure justice.
The High Court dismissed the writ petitions, finding them devoid of merit. The petitioners were granted the liberty to challenge the final report if any irregularities were found. The interim orders previously granted were vacated.
Date of Decision: 9th February 2024
New Look Retails Pvt Ltd., Mumbai & Others vs. CBCID, Hyd & Others
