A.M. BHARWAD AND OTHERSversusSTATE OF GUJARAT AND OTHERS
- Citation
- 2010 INSC 542
- Decided
- 26 August 2010
- Disposal
- Disposed off
- Bench
- P SATHASIVAM
Holding
The Supreme Court held that the issues raised are already decided in Babubhai v. State of Gujarat, and therefore the appeals stand disposed.
Summary
The petitioners challenged the Gujarat High Court's order dated 22‑12‑2009 concerning investigations that involved filing multiple FIRs, re‑investigation, and the propriety of a charge‑sheet. The Supreme Court observed that the legal questions raised had already been exhaustively decided in Babubhai v. State of Gujarat (2010), where the Court examined the permissibility of multiple FIRs, the scope of re‑investigation, and the effect of an unfair investigation on a charge‑sheet. Relying on that precedent, the Court found no need to re‑examine the matters and disposed of the present appeals. Consequently, the appeals were dismissed, and any relief, if applicable, would be governed by the earlier judgment in Babubhai.
Issues considered
- Whether the filing of multiple FIRs in the same case is permissible under criminal law
- Whether a re‑investigation after a charge‑sheet has been filed is permissible
- Whether a charge‑sheet is vitiated if the investigation is found to be unfair or vitiated
- Whether the High Court's order is maintainable in view of the earlier Supreme Court decision
Subjects
Judgment
[2010] 10 S.C.R. 681
A.M. BHARWAD AND OTHERS A,
v.
STATE OF GUJARAT AND OTHERS
(Criminal Appeal No. 1585 etc.)
AUGUST 26, 2010
B
[P. SATHASIVAM AND B.S. CHAUHAN, JJ.]
FIR - Two FIRs - Investigation into - Permissibility -
Held: The issue elaborately decided in Babubhai's case*.
c
Investigation - Re-investigation and further investigation
- Propriety of charge-sheet, if investigation held to be unfair
and vitiated - Held: The issues elaborately decided in
Babubhai's case*.
*Babubhai v. State of Gujarat and Ors. Judgment dated D
26.8.2010, decided. by Supreme Court. ·
CRIMINAL AP PELLATE JURISDICTION : Criminal Appeal
No. 1585 of 2010.
E
From the Judgment & Order dated 22.12.2009 of the
High Court of Gujarat at Ahmedabad in Criminal Misc.
Application No. 8361 of 2009.
WITH
F
Crl.A. Nos. 1586, 1587, 1588, 1589, 1590, 1591, 1592, 1593,
1594, 1595-97, 1598 of 2010.
U.U. Lalit, P.S. Narsimha, R.K. Abichandani, C.A.
Sundram, Tushar Mehta, AAG. Ankur Chawla, Rahul Pratap, G
Jayant Mohan (for COAC), Vimal Chandra S. Dave, Laxmi
Abichandani, Sunil Patel, Hemantika Wahi, Meensha
*. (2010) 10 SCR 651.
681 H
682 SUPREME COURT REPORTS (2010] 10 S.C.R.
A Lovkumar, Nupur, Sushil KumarJain, Puneet Jain, Rohini Musa,
Abhishek Gupta, Zafar I., Anandh Kannan, P.K. Dey, Anirudh
Sharma, A.K. Sharma, V.K. Biju, D.R. Bhatt, D.K. Garg, Keshav
C. Thakur for the appearing parties.
The following of the Court was delivered
B
DR. B.S. CHAUHAN, J. 1. Leave granted in all the
Special Leave Petitions.
2. All these matters have been filed by the persons
c aggrieved by the Judgment and orC:er of the High Court of
Gujarat dated 22.12.2009 in connected cases. The detailed
judgment and order has been passed today i.e. on 26.8.2010
in Criminal Appeal No. 1599 of 2010 (arising out of SLP (Crl.)
No 2077 of 2010 - Babubhai vs. State of Gujarat & Ors.), and
D Criminal Appeal Nos. 1600-1605 of 2010 (arising out of SLP
(Crl.) Nos.3235-3240 of 2010-State of Gujarat. & Ors. vs.
Ganeshbhai Jakshibhai Bharwad & Ors.).
3. The issues rais,ed in all these matters have been dealt
with elaborately while deciding the aforesaid appeals. Thus, all
E these appeals stand disposed of in terms of the said Judgment
and order. The parties herein shall be entitled to the relief, if
any, in accordance with the said Judgment.
RP. Appeals disposed of.
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.