- (1.) This application under Section 482 Cr.P.C. has been filed by one of the co-accused in Special Case No.3 of 2012 and Special Case No.4 of 2012 as well as Special Case No.4 of 2013 contending, that since all the three cases arise out of an allegation of a common conspiracy of a meeting in August, 2010 where the other co-accused had participated and several other persons who are all part of alleged larger conspiracy in the scam became beneficiaries and is now being tried as the NRHM scam should be tried simultaneously by jointly charging the accused and amalgamating them to avoid any prejudice and inconvenience.
(2.) The crux of the submissions of Sri Arvind Mohan, learned counsel for the applicant, is that all the cases since arise out of the same factual allegation of a common conspiracy and therefore the court below ought to have appreciated the issue of joinder of charges and for jointly charging all the co-accused and trying it together instead of proceeding separately in each case. His arguments extends over to the provisions of Sections 218 to 223 of the Code of Criminal Procedure to urge that the act of common conspiracy is one and there are no further facts of hatching of different conspiracies so as to indicate any separate conspiracy for each of the offences so committed so as to try them separately.
(3.) He therefore submits that the proviso to sub-section (1) of Section 218 read with Section 223 is clearly attracted in this case which has not been appreciated by the court below in correct perspective and the application has been rejected cursorily. He, therefore, contends that the accused/persons falling in the same category and being charged on the basis of same conspiracy have to be tried together and that these provisions of the Code of Criminal Procedure being mandatory would bar the trial court from proceeding with the trial separately.;