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Supreme Court of India

A.M. BHARWAD AND OTHERS v. STATE OF GUJARAT AND OTHERS

Headnote

FIR - Two FIRs - Investigation into - Permissibility - Held: The issue elaborately decided in Babubhai's case*. Investigation - Re-investigation and further investigation - Propriety of charge-sheet, if investigation held to be unfair and vitiated - Held: The issues elaborately decided in v. State of Gujarat and Ors. Judgment dated D 26.8.2010, decided. by Supreme Court. · CRIMINAL AP PELLA TE JURISDICTION : Criminal Appeal No. 1585 of 2010. From the Judgment & Order dated 22.12.2009 of the High Court of Gujarat at Ahmedabad in Criminal Misc. Application No. 8361 of

Headnote as published with the judgment in the Supreme Court Reports dataset; it is not part of the judgment.
Court
Supreme Court of India
Case number
CRIMINAL APPEAL No. 1585/2010
Date of judgment
26 August 2010
Petitioner / Appellant
A.M. BHARWAD AND OTHERS
Respondent
STATE OF GUJARAT AND OTHERS
Neutral citation
2010 INSC 542
SCR citation
[2010] 10 S.C.R. 681
Bench
P. SATHASIVAM, B.S. CHAUHAN
CNR
ESCR010000512010
Result
Disposed
Download PDFFind it on the Supreme Court SCR siteGet the signed copy

Signed copy from the Supreme Court. On the court's Judgments page, open the Case Number tab, choose the case type Criminal Appeal, enter the case number 1585 and the year 2010, solve the captcha, and open the PDF in the Judgment column. Or use the Judgment Date tab with 26-08-2010 as both dates. The court's page asks for a captcha, so this step is yours.

This is the Supreme Court Reports (SCR) copy, with citation and headnotes, obtained through the Indian Supreme Court Judgments open dataset (CC-BY-4.0, Dattam Labs) and unchanged. To find it on the Supreme Court's own SCR site (scr.sci.gov.in), enter the neutral citation 2010 INSC 542 in its Neutral Citation field. It is not the plain signed judgment and not a certified copy; for a certified copy use the Certified Copy service on sci.gov.in. The text below is extracted automatically and may contain errors, and the result label is read from the closing lines of the judgment, so it can occasionally be wrong. The PDF is the authoritative version.

[2010] 10 S.C.R. 681

A.M. BHARWAD AND OTHERS

v.

STATE OF GUJARAT AND OTHERS

(Criminal Appeal No. 1585 etc.)

AUGUST 26, 2010

[P. SATHASIVAM AND B.S. CHAUHAN, JJ.]

FIR - Two FIRs - Investigation into - Permissibility - Held: The issue elaborately decided in Babubhai's case*.

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*.

A,

B

c

*Babubhai v. State of Gujarat and Ors. Judgment dated D 26.8.2010, decided. by Supreme Court. · CRIMINAL AP PELLA TE JURISDICTION : Criminal Appeal No. 1585 of 2010.

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

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.

E

F

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.

B The following of the Court was delivered 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.