clubbing of cases

vinod bansal (Querist) 07 July 2010 This query is : Resolved
R/Experts
Is it permissible under law to try after clubbing two cases,one instituted on the pvt complainant of food inspector under prevention of food act and second instituted by the police after registering FIR us 272 IPC against the same accused in both cases and same incident,as for the cases of food adultration seperate provision/act has been enected by the parliament.Thanx

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Devajyoti Barman (Expert) 07 July 2010
The discretion to club the cases under criminal procedure code is sparingly exercised.

G. ARAVINTHAN (Expert) 08 July 2010
can be done on application to High Court

PJANARDHANA REDDY (Expert) 08 July 2010
FOR CLUBBING C.Cs THE TRAIL COURT CAN BE USE ITS POWER ON MEMO OF COMPLAINANT/ACCUSED.

HIGH COURTS HAS ITS OWN INHERENT POWER U/S 482

Daksh (Expert) 08 July 2010
Dear All,

The answer is affirmative but the proper way is through the administrative/descretionary powers of High Court.

Best Regards

Daksh

Raj Kumar Makkad (Expert) 08 July 2010
Generally such cases are not clubbed. complainants are different and moreover the trial courts might also be different so this is not within domain of either of those courts to transfer the case to another court. Even if higher court is approached for this purpose even then such power is not used so lightly.

Krishnamurthy Ramdas Iyer (Expert) 08 July 2010
if cause of action is same in both cases then it is possible

Uma parameswaran (Expert) 08 July 2010
To club the cases Court shall consider the offences,accused, witnesses and cause of action

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