Supreme Court directs info of all cross cases to be included in chargesheet to save criminal justice system from anomaly

A bench of Justices Rajesh Bindal and Manmohan observed that this will allow the court concerned to take appropriate steps and get the trials in those cases clubbed.

Supreme court was dealing with an appeal against Allahabad High Court’s order rejecting the plea to club trials in two cases. (Image generated using AI)

The Supreme Court has ordered information related to cross cases or the cases having link with the same incident to be furnished in the chargesheet whenever it is filed in court.

A bench of Justices Rajesh Bindal and Manmohan observed that it would allow the court concerned to take appropriate steps and get the trials in those cases clubbed.

“We direct that in future, in all cases, where cross cases are registered or the cases, which have link with the same incident, the information thereof shall be furnished in the Chargesheet/Challan/Final Report, whenever the same is filed in Court. This will enable the Court concerned to take appropriate steps, and get the trials in those cases clubbed, if required. The process will save criminal justice system from creating an anomalous situation and also check delays,” the order, passed on December 9, read.

Case

The court was dealing with an appeal against Allahabad High Court’s order rejecting the plea to club trials in two cases. The reason for getting the two trials clubbed was that both the FIRs arise out of the same incident.

The counsel for the appellants had submitted that the charge-sheet was filed in the main case as well as in the cross FIR. It was argued that the main case is fixed at the stage of hearing final arguments as the trial is complete.

It was further submitted that the appellants will not cross-examine any of the witnesses whose statements have already been recorded in trial court.

The Supreme Court set aside the high court’s order while directing clubbing of the trial. The court directed both cases to be tried together.

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“As the evidence in the magisterial trial is yet to begin, the appellants shall have their rights to cross-examine the prosecution witnesses produced therein or produce their own evidence in defence,” the court added.

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The court directed that the judgment in both the trials shall be pronounced together by the Court concerned.

Before parting with the order, the court lamented the failure on the part of prosecution and parties to point out pendency of trial of the cross case in another court.

“We are constrained to observe total lapse on the part of the prosecution and the parties as well, to point out pendency of trial of the cross case in another Court and let the proceedings in one case reach at the stage of arguments whereas the evidence is yet to start in the cross case,” the court said.

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The court therefore passed the directions to furnish information relating to cross cases in the chargesheet.

Ashish Shaji

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More