My humble question to the experts is:
velmurugan
(Querist) 03 December 2012
This query is : Resolved
Dear experts,
we ,public servants,have been accused in a bribery case under sections 120B of IPc and sections 7,12,13(1) r/w 13(d) following a ACB raid,along with 8 different private parties.The transaction as alleged had happened in a single day.It was registered as single FIR.NOw,8 different chargesheets have been filed as 8 different calendar cases wherein we,public servants are arraigned as main accused in each case(alleged bribe takers) while the private parties as other accused(alleged bribe givers) in their respective cases.The charges are yet to be framed.Now my humble question to the experts is:
1.Can all these 8 CCs can be clubbed together and can it be done as a single trial.
2.As CRpc have provisions for the joinder of maximum 3 CCS,as per my limited knowledge,is there any other sections in Crpc so that i can pray for a common trial?
3.and is it better to have single trial or 8 separate ones?
Kindly enlighten me and i would be really thankful to the experts.
Arvind Singh Chauhan
(Expert) 03 December 2012
According to my knowledge, Though there is single FIR, but 8 different cause of action arose with 8 different parties, therefore it require separate trial.
Raj Kumar Makkad
(Expert) 03 December 2012
1. Yes.
2. There is no separate law except Criminal procedure code but definitely one FIR is sufficient to make the joint trial in the given case.
3. Single trial.
velmurugan
(Querist) 03 December 2012
Dear Makkadji and ArvindJi...let me thank you profusely for the quick replies.Since i have got two conflicting answers,may i request the other Ld.Counsels to kindly give ur opinons...pls.
as can be seen,the sections are the same in all 8 CCs,Subject matter and the alleged motive for bribe are the same..Further the material witnesses and overlapping documents etc are the same....
ajay sethi
(Expert) 03 December 2012
Under Section 234 Cr.P.C. an accused. person may be charged with, and tried at one trial for any number of offences not exceeding three. Under Section 235 Cr.P.C. if in one. series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence.
in the present case 8 differnt parties have been made as accused . so separate trial would be necessary
velmurugan
(Querist) 03 December 2012
Thank you Sethi Sir.You made really good sense ,Thank you once again
velmurugan
(Querist) 03 December 2012
may i request the other Ld.Counsels to kindly give ur opinons...pls.
velmurugan
(Querist) 03 December 2012
may i request the other Ld.Counsels to kindly give ur opinons...pls.
J K Agrawal
(Expert) 04 December 2012
Only separate trial is possible in this case so you have no option but to contest all the cases individually.
