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TMI Blog2013 (4) TMI 903X X X X Extracts X X X X X X X X Extracts X X X X ..... e first FIR itself. HELD THAT:- filing of the second FIR and fresh charge sheet is violative of fundamental rights under Article 14, 20 and 21 of the Constitution since the same relate to alleged offence in respect of which an FIR had already been filed and the court has taken cognizance. This Court categorically accepted the CBI s plea that killing of Tulsiram Prajapati is a part of the same series of cognizable offence forming part of the first FIR and in spite of the fact that this Court directed the CBI to take over the investigation and did not grant the relief as prayed, namely, registration of fresh FIR, the present action of CBI filing fresh FIR is contrary to various judicial pronouncements. the second FIR filed by the CBI to be quashed. As a consequence, the charge sheet filed in pursuance of the second FIR, be treated as a supplementary charge sheet in the first FIR. X X X X Extracts X X X X X X X X Extracts X X X X ..... oner in W.P. (Crl.) No. 149 of 2012, Mr. K.V. Viswanathan, learned senior counsel for the petitioner in W.P. (Crl.) No. 5 of 2013, Mr. H.P. Rawal, learned Additional Solicitor General for the CBI and Mr. Tushar Mehta, learned Additional Advocate General for the State of Gujarat. Discussion: 6) A perusal of the prayer in the writ petition clearly shows that the petitioner is not seeking quashing of investigation, however, praying for quashing of second FIR being No. RC-3(S)/2011/Mumbai dated 29.04.2011 and also praying that the charge sheet dated 04.09.2012 in respect of the said FIR be treated as supplementary chargesheet in first FIR being No. RC No. 4S of 2010 so that his fundamental right under Article 21 is not infringed. 7) Mr. Mahesh Jethmalani, learned senior counsel for the petitioner pointed out that the reliefs sought for are in consonance with the law laid down by this Court in C. Muniappan & Ors. vs. State of Tamil Nadu (2010) 9 SCC 567. He very much relied on para 37 of the said judgment which holds as under: "…..Merely because two separate complaints had been lodged, did not mean that they could not be clubbed together and one charge sheet could not be file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d separately. He further pointed out that the concept of joint trial, which is an exception and not the rule cannot be made applicable to the stage either of investigation or the filing of charge sheet of a report under Section 173(2) of the Code. He also highlighted that in the Code, there is no concept of joint investigation. The only exception is under Sections 219 and 220 of the Code that a person can be tried at one trial for more offences than one committed within a period of one year. He also pointed out that there is no bar in law to file separate FIR/complaint in respect of two distinct offences and similarly there is no bar to file two separate charge-sheets for seeking prosecution of accused in two distinct offences. He further highlighted that in T.T. Anthony vs. State of Kerala (2001) 6 SCC 181, the principle that was laid down with regard to the bar of filing of the second FIR was only in respect of the same incident or occurrence. According to him, whether the offences are distinct or same would necessarily have to be examined in the facts and circumstances of each case. He also submitted that the facts urged in the affidavit were on the basis of mere suspicion, henc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the said conspiracy though not knowing the motive about the same. 13) It is further pointed out that in pursuance of the aforesaid criminal conspiracy, Sohrabuddin, Kausarbi and Tulsiram Prajapati were brought to Valsad, Gujarat in vehicles by Gujarat Police. From Valsad, Tulsiram Prajapati was allowed to return to Bhilwara, Rajasthan by the police party. Subsequently, Sohrabuddin was murdered and shown as if he was a Lashkar-e- Taiba terrorist killed in an encounter with a police party on 26.11.2005 at Ahmedabad while his wife Kausarbi was murdered on 29/30.11.2005 and her body was disposed off. Tulsiram Prajapati was shown to be arrested on 29.11.2005. Since then, he had been lodged in Udaipur Jail till he met his fate. 14) The most vital evidence that seems to have triggered Tulsiram Prajapati's death is a letter of Shri V.L. Solanki dated 18.12.2006 seeking permission to interrogate Tulsiram Prajapati and Sylvester lodged in Udaipur Jail. On the very same letter, Ms. Geetha Johri, head of the SIT is alleged to have recorded that even she may be given permission to accompany the IO for interrogation. Thereafter, the said letter is alleged to have been endorsed by Ms. Geeth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s allegedly used to locate and abduct Sohrabuddin and his wife Kausarbi, and was thus a material witness against the police personnel. (ii) The report expressly states that no link of Tulsiram Prajapati had been established in this case. The third person who was abducted was not to be the said Tulsiram Prajapati. (iii) On 02.08.2007, the seventh action taken report was filed, which stated that the third person who was picked up was one Kalimuddin, who was suspected to be an informer of the Police. (iv) From the charge-sheet, it also appears that the third person was "sent somewhere". However, it appears that the literal translation of the charge-sheet in Gujarati would mean that he was "anyhow made to disappear". (v) It also appears from the charge-sheet that it identifies the third person who was taken to Disha farm as Kalimuddin. But it does not contain the details of what happened to him once he was abducted. The possibility of the third person being Tulsiram Prajapati cannot be ruled out, although the police authorities or the State had made all possible efforts to show that it was not Tulsiram. (vi) Similarly, it was submitted that non-identification of the third per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alleged possibility of a larger conspiracy. The report of the CBI Authorities shall be filed in this Court when this Court will pass further necessary orders in accordance with the said report, if necessary. We expect that the Police Authorities of Gujarat, Andhra Pradesh and Rajasthan shall cooperate with the CBI Authorities in conducting the investigation properly and in an appropriate manner." 19) The observations, findings and directions in Rubabbuddin Sheikh (supra) clearly show that the alleged killing of Tulsiram Prajapati was thus perceived even by this Court to be an act forming part of the very same transaction and same conspiracy in which the offence of killing of Sohrabuddin and Kausarbi took place. The CBI also, upon investigation held that "strong suspicion expressed by this Court in the above judgment was true and filed charge sheet/s". 20) Pursuant to the decision in Rubabbuddin Sheikh (supra) dated 12.01.2010, the CBI filed a fresh FIR, viz., first FIR. It is also clear that during the investigation, the CBI came to the conclusion that this first FIR was a part of the series of acts concerning with the alleged offence of abduction and killing of two individuals, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Investigation further disclosed that in the early part of November, 2005, Shri Tulsiram Prajapati was contacted by accused Abhay Chudasama (A-15) and brought to Ahmedabad where he was produced before accused D.G. Vanzara (A-1). They asked him to make Sohrabuddin available before them as there was lot of political pressure. Tulsiram Prajapati was assured that Sohrabuddin would get a safe passage and at the most Sohrabuddin would be put in jail so as to keep him away from glare for 3-4 months. No physical harm would be done to Sohrabuddin. Having got the assurance from accused D.G. Vanzara (A-1), Tulsiram Prajapati helped accused Abhay Chudasama (A-15) in tracking down Sohrabuddin." 22) Apart from the above specific stand, it is also relevant to point out that the CBI filed supplementary chargesheet dated 22.10.2010 in the first FIR which made the following charges:- "Investigation has also revealed that after the Gujarat Police Officers had eliminated Shri Tulsiram Prajapati on 28.12.2006 in a fake encounter, Smt. Geeta Johri, the then IGP prepared a note sheet on 05.01.2006 mentioning therein inter alia the permission to go to Udaipur to interrogate the aforesaid two associate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r investigation" so as to enable it to "complete the investigation in first FIR" filed by the CBI, i.e., FIR dated 01.02.2010 by investigating Tulsiram Prajapati encounter. In this regard, the order of this Court dated 12.08.2010 relied upon by the CBI is relevant and the same is quoted hereunder:- "Order "In pursuance of the order passed by this Court on January 12, 2010, the CBI has submitted a status report. In the status report, it is stated that they have been carrying on investigations as directed by this Court, but on certain aspects of the matter the investigation remain incomplete. A prayer is, therefore, made to grant them six months further time to complete the investigation. It is further prayed that three other cases that were registered in connection with the alleged escape of Tulsiram Prajapati from police escort and his death in a police encounter may also be transferred for investigation to the CBI because the death of Tulsiram Prajapati in the alleged encounter formed an inseparable part of the investigation which is entrusted to the CBI by this Court. Today, Mr. Jethmalani, senior advocate, appeared on behalf of one of the accused-Amit Shah. Mr. Jethmalani s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ling of Sohrabuddin and Kausarbi by the powerful and influential accused persons. The CBI investigation has been conducted into this aspect in view of the following observations of the Hon'ble Supreme Court in its order dated 12.01.2010. 48. The investigation has disclosed that Tulsiram Prajapati @ Praful @ Sameer @ Babloo s/o Gangaram Prajapati, r/o Shantinagar PS Neel Ganga District Ujjain, M.P. was a close associate of Sohrabuddin. Both hailed from same Ujjain district of MP and knew each other since the days Sohrabuddin was lodged in Sabarmati Jail in the Arms recovery case. Tulsiram was working with him as his sharp shooter…. 51. The investigation has further revealed that Tulsiram was picked up by the Police of Gujarat and Rajasthan to trace Sohrabuddin about 20 days prior to the encounter of Sohrabuddin. Both Sohrabuddin and his wife Kausarbi were abducted on the information of Tulsiram. He was promised by accused Shri D.G. Vanzara (A-1) and accused Shri Abhay Chudasama (A-15) that no physical harm would be caused to Sohrabuddin because Sohrabuddin was their old associate. Further, Tulsiram was shown to have been arrested on 29.11.2005 at Bhilwada (Rajasthan) by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dicates that Tulsiram Prajapati was the person who revealed the location of Sohrabuddin to the accused police officers of Rajasthan and Gujarat. 55. The investigation has further disclosed that while lodged in Udaipur Jail, in addition to the above mentioned prayers made by Tulsiram to the Human Rights Commission, different courts, he explained the true fact behind the fake encounter of Sohrabuddin to his jail inmate friends. The police kept the telephone number being used by some of the criminals inside the jail and outside the jail under interception and allegedly had received the information that Tulsiram was trying to run away from the custody. Both accused Shri. Dinesh MN (A-3) and IG, Udaipur Shri Rajeev Dasot sent letters for permission to intercept the telephone numbers alleged having such information. Thereafter, when Tulsiram Prajapati was brought to Ahmedabad on 28.11.2006 along with co-accused Mohd. Azam in connection with Case No. 1124/2004 (Popular Builders Firing Case) in JM Court No. 13, Ahmedabad, around 50 police commandoes were detailed for the escort party. On both these occasions, the mother, wife and daughter of Azam Khan accompanied them from Udaipur to Ahm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rdered by Gujarat Government in obedience to the Hon'ble Supreme Court, it emerged that police officials of ATS, Ahmedabad were involved in the abduction and killing of Sohrabuddin and Kausarbi….. 59. When it became clear and evident that….. (i) That Tulsiram Prajapati was the sole surviving witness to the abduction of Sohrabuddin and his wife Kausarbi. (ii) That the Mobile Call Detail Records pertaining to the case contained important piece of evidence not only against accused Shri Amit Shah (A-16), Minister of State (MoS), Government of Gujarat, but other police officers of Gujarat and Rajasthan, who worked at his behest to cover up the fake encounter that killed Tulsiram Prajapati on 28.12.2006. 60. The analysis of Mobile Call Details for the week in which the planning and execution of Tulsiram Prajapati's encounter took place, reflects furry of call exchanged by accused Shri Amit Shah (A-16), MoS, accused Shri D.G. Vanzara (A-1), DIG Border Range, accused Shri Rajkumar Pandian (A-2), SP, ATS, Shri Vipul Agarwal, SP, Banaskantha and accused Shri Dinesh MN (A-3), SP, Udaipur, Rajasthan, suggesting a sinister plan to eliminate the sole witness in the state-ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laced on the same by this Court in the order dated 08.04.2011 in W.P. (Crl.) No. 115 of 2007, i.e., Narmada Bai (supra). The relevant excerpts are quoted verbatim hereunder:- "2(g) It is the further case of the petitioner that the deceased being a key eye witness to the murder of Sohrabuddin and his wife Kausarbi, the team of Mr. D.G. Vanzara and others planned to do away with him to avoid his interrogation by Ms. Geeta Johri, Inspector General of Police. Hence, the petitioner has preferred this petition before this Court praying for direction to CBI to register an FIR and investigate the case. (5) Stand of the CBI - respondent No.21: (a) The investigation conducted in R.C. No. 4(S)/2010, Special Crime Branch, Mumbai, as per the directions of this Court in its order dated 12.01.2010, vide Writ Petition (Crl.) No. 6 of 2007 revealed that the alleged fake encounter of Tulsiram Prajapati on 28.12.2006 was done in order to eliminate him as he was the key witness in the criminal conspiracy of the abduction and killing of Sohrabuddin and Kausarbi by the powerful and the influential accused persons….. (c) The murder of Tulsiram Prajapati took place on 28.12.2006, case was r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion of this Court in Rubabbuddin Sheikh's case. In Writ Petition No. 6 of 2007, Rubabbuddin Sheikh prayed for direction for investigation by the CBI into the alleged abduction and fake encounter of his brother Sohrabuddin by the Gujarat Police Authorities and also prayed for registration of an offence and investigation by the CBI into the alleged encounter of one Tulsiram Prajapati, a close associate of Sohrabuddin, who was allegedly used to locate and abduct Sohrabuddin and his wife Kasurbi, and was thus a material witness against the police personnel. 19) It is clear that the above judgment records that there was a strong suspicion that the 'third person' picked up with Sohrabuddin was Tulsiram Prajapati. It was also observed that the call records of Tulsiram were not properly analyzed and there was no justification for the then Investigation Officer - Ms. Geeta Johri to have walked out of the investigation pertaining to Tulsiram Prajapati. The Court had also directed the CBI to unearth "larger conspiracy" regarding the Sohrabuddin's murder. In such circumstances, we are of the view that those observations and directions cannot lightly be taken note of and it is the duty of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al conspiracy by the principal accused persons that Sohrabuddin was abducted and then murdered by showing it off as an encounter and further for the purpose of screening themselves from the legal consequences of their crime, the accused caused the disappearance of material witnesses to the pivotal fact of abduction of Sohrabuddin by murdering them, first his wife, Kauserbi and then Tulsiram Prajapati who was accompanying Sohrabuddin and his wife Kausarbi at the time they were abducted, and, who had in fact facilitated his abduction at the behest of accused D.G. Vanzara (A-2)….. 4. Investigation of RC 4(S)/2010/SCB/Mumbai disclosed that the third person who was abducted along with Sohrabuddin and Kausarbi was Tulsiram Prajapati. The investigation further disclosed that he was a material witness/eye-witness to the abduction of Sohrabuddin and his wife and the same was within the knowledge of accused Amit Shah (A-1), D.G. Vanzara (A-2), S. Pandian Rajkumar (A-3) and Dinesh M.N. (A-4) and others. 6.4….In the meantime, in accordance with his clandestine agreement with Gujarat Police, Tulsiram Prajapati informed them in advance about the plan of Sohrabuddin to travel to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;.. 6.62…..by so doing had intentionally provided the requisite time needed by the co-accused to take the necessary efforts to cause disappearance of human witness Tulsiram Prajapati to their crime of abduction of Sohrabuddin and his wife precedent to their murders by murdering him as well and thereby had facilitated the criminal conspiracy towards its culmination point….. 6.69…..Besides this, accused Geetha Johri (A-18), in furtherance of a criminal conspiracy as aforesaid made all attempts to delink Tulsiram Prajapati case from the Sohrabuddin fake encounter case to establish that the third person who traveled with Sohrabuddin and Kausarbi in the bus in the night of 22/23.11.2005 and was abducted was somebody else and not Tulsiram Prajapati himself. She projected that the third person who was abducted along with Sohrabuddin and his wife Kauserbi was one Kalimuddin of Hyderabad in spite of the fact that she had knowledge that the third person was Tulsiram Prajapati as made know to her by her Investigating Officer V.L. Solanki….." 30) The above details mentioned in the chargesheet dated 04.09.2012 clearly show that what the CBI has conducted is mere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an opinion under Section 169 or 170 CrPC, as the case may be, and forward his report to the Magistrate concerned under Section 173(2) CrPC. However, even after filing such a report, if he comes into possession of further information or material, he need not register a fresh FIR; he is empowered to make further investigation, normally with the leave of the court, and where during further investigation he collects further evidence, oral or documentary, he is obliged to forward the same with one or more further reports; this is the import of sub-section (8) of Section 173 CrPC. 20. From the above discussion it follows that under the scheme of the provisions of Sections 154, 155, 156, 157, 162, 169, 170 and 173 CrPC only the earliest or the first information in regard to the commission of a cognizable offence satisfies the requirements of Section 154 CrPC. Thus there can be no second FIR and consequently there can be no fresh investigation on receipt of every subsequent information in respect of the same cognizable offence or the same occurrence or incident giving rise to one or more cognizable offences. On receipt of information about a cognizable offence or an incident giving rise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rrence. Learned ASG further pointed out that in the present case, there are two distinct incidents/occurrences, inasmuch as one being the conspiracy relating to the murder of Sohrabuddin with the help of Tulsiram Prajapati and the other being the conspiracy to murder Tulsiram Prajapati - a potential witness to the earlier conspiracy to murder Sohrabuddin. We are unable to accept the claim of the learned ASG. As a matter of fact, the aforesaid proposition of law making registration of fresh FIR impermissible and violative of Article 21 of the Constitution is reiterated, re-affirmed in the following subsequent decisions of this Court: 1. Upkar Singh vs. Ved Prakash (2004) 13 SCC 292 2. Babubhai vs. State of Gujarat & Ors. (2010) 12 SCC 254 3. Chirra Shivraj vs. State of A.P. AIR 2011 SC 604 4. C. Muniappan vs. State of Tamil Nadu (2010) 9 SCC 567. In C. Muniappan (supra), this Court explained "consequence test", i.e., if an offence forming part of the second FIR arises as a consequence of the offence alleged in the first FIR then offences covered by both the FIRs are the same and, accordingly, the second FIR will be impermissible in law. In other words, the offences covered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat several conspiracies, distinct from each other, had been lumped together and tried at one trial. The Advocate for Swamirathnam, however, did not put forward this submission. We have examined the charge carefully and find no ground for accepting the contention raised. The charge as framed, discloses one single conspiracy, although spread over several years. There was only one object of the conspiracy and that was to cheat members of the public. The fact that in the course of years others joined the conspiracy or that several incidents of cheating took place in pursuance of the conspiracy did not change the conspiracy and did not split up a single conspiracy into several conspiracies. It was suggested that although the modus operandi may have been the same, the several instances of cheating were not part of the same transaction. Reliance was placed on the cast of Sharpurji Sorabji v. Emperor, AIR 1936 Bom 154 (A) and on the cast of Choragudi Venkatadari, In re. ILR 33 Mad 502 (B). These cases are not in point. In the Bombay case, no charge of conspiracy had been framed and the decision in the Madras case was given before Section 120-B was introduced into the Indian Penal Code. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2(12) Scale 619 ii) Babubhai vs. State of Gujarat (2010) 12 SCC 254 iii) Surender Kaushik & Ors. vs. State of U.P. & Ors., JT 2013 (3) SC iv) Nirmal Singh Kahlon vs. State of Punjab (2009) 1 SCC 441 v) Ram Lal Narang vs. State (Delhi Admn.), (1979) 2 SCC 322 vi) Upkar Singh vs. Ved Prakash & Ors. (2004) 13 SCC 292 vii) Kari Choudhary vs. Mst. Sita Devi & Ors. (2002) 1 SCC 714. 41) In Anju Chaudhary (supra) this Court was concerned with a case in which the second FIR was not connected with the offence alleged in the first FIR. After carefully analyzing the same, we are of the view that it has no relevance to the facts of the present case. 42) In the case of Babubhai (supra), the very same Bench considered the permissibility of more than one FIR and the test of sameness. After explaining FIR under Section 154 of the Code, commencement of the investigation, formation of opinion under Sections 169 or 170 of the Code, police report under Section 173 of the Code and statements under Section 162 of the Code, this Court, has held that the Court has to examine the facts and circumstances giving rise to both the FIRs and the test of sameness is to applied to find out whether bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heet. 45) Ram Lal Narang (supra) was cited to be an authority carving out an exception to the general rule that there cannot be a second FIR in respect of the same offence. This Court, in the said decision, held that a second FIR would lie in an event when pursuant to the investigation in the first FIR, a larger conspiracy is disclosed, which was not part of the first FIR. In the case on hand, while entrusting the investigation of the case relating to the killing of Sohrabuddin and Kausarbi to the CBI, this Court, by order dated 12.01.2010, expressed a suspicion that Tulsiram Prajapati could have been killed because he was an eye witness to the killings of Sohrabuddin and Kausarbi. 46) The CBI also filed an FIR on 01.02.2010 based upon the aforesaid judgment dated 12.01.2010 and conducted the investigation reaching to a conclusion that conspiracy to kill Sohrabuddin and Kausarbi and conspiracy to kill Tulsiram Prajapati were part of the same transaction inasmuch as both these conspiracies were entered into from the very outset in November, 2005. Based upon its investigation, the CBI filed a status report (s) before this Court and an affidavit in Writ Petition (Crl.) No. 115 of 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion, it was held that when there are two rival versions in respect of the same episode, they would normally take the shape of two different FIRs and investigation can be carried on under both of them by the same investigating agency. While there is no quarrel as to the above proposition, after carefully considering the factual position, we are of the view that the said decision is not helpful to the case on hand. Maintainability of writ petition under Article 32: 50) Regarding the maintainability, namely, filing a writ petition under Article 32 of the Constitution of India, learned ASG submitted that it is only on complete examination and appreciation of facts, materials and evidence that it can be decided as to whether these distinct conspiracies form part of the same transaction in view of the law laid down by this Court. He further pointed out that the CBI which is the investigating agency, after a full fledged investigation, came to a conclusion that the conspiracy to eliminate Tulsiram Prajapati was a distinct and separate offence, accordingly, such disputed questions of fact are not and ought not to be decided in a writ petition under Article 32. He also pointed out that a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relief prayed for i.e., registration of a fresh FIR. Accordingly, filing of a fresh FIR by the CBI is contrary to various decisions of this Court. b) The various provisions of the Code of Criminal Procedure clearly show that an officer-in-charge of a police station has to commence investigation as provided in Section 156 or 157 of the Code on the basis of entry of the First Information Report, on coming to know of the commission of cognizable offence. On completion of investigation and on the basis of evidence collected, Investigating Officer has to form an opinion under Section 169 or 170 of the Code and forward his report to the concerned Magistrate under Section 173(2) of the Code. c) Even after filing of such a report, if he comes into possession of further information or material, there is no need to register a fresh FIR, he is empowered to make further investigation normally with the leave of the Court and where during further investigation, he collects further evidence, oral or documentary, he is obliged to forward the same with one or more further reports which is evident from sub-section (8) of Section 173 of the Code. Under the scheme of the provisions of Sections 15 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... " the investigation. g) For vivid understanding, let us consider a situation in which Mr. 'A' having killed 'B' with the aid of 'C', informs the police that unknown persons killed 'B'. During investigation, it revealed that 'A' was the real culprit and 'D' abetted 'A' to commit the murder. As a result, the police officer files the charge sheet under Section 173(2) of the Code with the Magistrate. Although, in due course, it was discovered through further investigation that the person who abetted Mr. 'A' was 'C' and not 'D' as mentioned in the charge sheet filed under Section 173 of the Code. In such a scenario, uncovering of the later fact that 'C' is the real abettor will not demand a second FIR rather a supplementary charge sheet under section 173(8) of the Code will serve the purpose. h) Likewise, in the case on hand, initially the CBI took a stand that the third person accompanying Sohrabbuddin and Kausarbi was Kalimuddin. However, with the aid of further investigation, it unveiled that the third person was Tulsiram Prajapati. Therefore, only as a result of further investigation, the CBI has gathered the information that the third person was Tulsiram Prajapati. Thus a secon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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