JUDGMENT

Chelameswar, J.-While I agree with the conclusion reached by Hon’ble the Chief Justice of India, I wish to add a few lines.

2. The necessary facts and submissions of the learned counsel for the petitioner are clearly set out in the judgment of my Lord the Chief Justice. I wish to deal with only one submission made on behalf of the petitioner - that the earlier judgment and order of this Court in Writ Petition (Criminal) No.115 of 2007 dated 8th April 2011 directing the Central Bureau of Investigation (CB) to conduct an investigation pertaining to all aspects of killing of Tulsiram Prajapati would necessarily mean that the charge-sheet filed by the Gujarat Police (CID) stood rejected. In my view, the submission is misconceived for the following reasons.

3. Section 173 of the Code of Criminal Procedure, 1973 (for short “the CrPC”) obligates the police investigating a case to make a report to the Magistrate to take cognizance of the offence which is subject matter of the investigation. Sub-section (2) indicates the various pieces of information which are required to be contained in the said report. Section 173(2)(i)(d) [Section 173(2)(i) As soon as it is completed, the office