Misjoinder of Charges

Misjoinder of charges is an illegality which vitiates the entire proceedings.

Two separate accused, according to F.I.R., had committed separately cognizable offences, yet only one F.I.R. had been registered by the S.H.O.

Accused and one other person had cheated the complainant separately, but the offences committed by them under S.420, P.P.C. were merged into one F.I.R.

Mandatory provisions of S.233, Cr.P.C. had been disregarded and violated both by police authorities and by Trial Court at the time of framing of charge and in subsequent proceedings

Case was of misjoinder of charges, which in view of mandatory provisions of S.233, Cr.P.C. was an illegality vitiating the entire proceedings and was not curable under S.537, Cr.P.C.

Such illegality being patent on the face of record and the proceedings before Trial Court continuously suffering from the same, were set aside being unlawful

Prosecution was directed to submit fresh separate challans against both the accused persons to be charged separately by the Trial Court

Constitutional petition was allowed accordingly.

Order staying assessment proceedings and observing that payment of auditor's fees would be considered at final hearing of writ petition

Order was valid

Indian Income Tax Act, 1961', S. 142

Constitution of India, Art. 226: