JUDGMENT

Altamas Kabir, CJI.-This Special Leave Petition is directed against the judgment and order dated 20th March, 2012, passed by the Gujarat High Court dismissing the petition filed by the Petitioner, Dr. Vipul Shital Prasad Agarwal, under Articles 226 and 227 of the Constitution, read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), being SCRMA No.2698 of 2011.

2. There are certain special features in this case which need to be recorded in order to decide this matter.

3. The Petitioner was at the relevant time posted as Superintendent of Police, Banaskantha, Gujarat. On 28th December, 2006, one Tulsiram Prajapati was killed in an encounter and a First Information Report (F.I.R.), being I.C.R.No.115 of 2006, was registered with the Ambaji Police Station, Banaskantha, Gujarat, against unidentified persons under Sections 307, 427 and 34 of the Indian Penal Code, 1860 (IPC), Section 25(1)(A) of the Arms Act, 1959, and Section 135 of the Bombay Police Act, 1951.

4. In 2007, Nirmala Bai, the mother of the deceased, filed Writ Petition (Crl.) No.115 of 2007, before this Court praying for an inquiry into the incident by the Central Bureau of Investigation (C.B.I.), and while the same was pending, the prosecution, upon completion of investigation, added Sections 302, 364, 307, 333, 334, 427, 365, 368, 193, 197, 201, 120-B, 471 read with Section 34 I.P.C., together with Section 25(1)(a) and 27 of the Arms Act, 1959, as also Section 135 of the Bombay Police Act, against 12 police officers, including the Petitioner. Consequent thereupon, the Petitioner was arrested by the C.I.D. crime, on 3rd May, 2010, and charge-sheet was, thereafter, filed against the accused persons, including the Petitioner, on 30th July, 2010.

5. One of the strange features of this case, therefore, is that in the case which was registered against the victim, 12 police officers, including the Petitioner, came to be arraigned as accused in what was alleged to be a fake encounter. However, the fact remains that F.I.R. No.115 of 2006 was lodged with the Ambaji Police Station on 28th December, 2006, resulting in the arrest of the Petitioner by the C.I.D. crime, on 3rd May, 2010, and the filing of charge-sheet on 30th July, 2010, within 90 days of his arrest.

6. While considering the writ petition filed by the mother of the deceased (Writ Petition (Crl.) No.115 of 2007), this Court, by its judgment and order 8th April, 2011, refused to accept the investigation conducted and completed by the State C.I.D. and directed as follows :

“39. In view of the above discussion, the Police Authorities of the Gujarat State are directed to handover all the records of the present case to the CBI within two weeks from this date and the CBI shall investigate all aspects of the case relating to the killing of Tulsiram Prajapati and file a report to the concerned court/special court having jurisdiction within a period of six months from the date of taking over of the investigation from the state Police Authorities. We also direct the Police Authorities of the state of Gujarat, Rajasthan and Andhra Pradesh to cooperate with the CBI Authorities in conducting the investigation.”

7. We have intentionally quoted the aforesaid direction of this Court, since the main plank of the submissions made on behalf of the Petitioner in this Special Leave Petition depends on an interpretation thereof.

8. Pursuant to the directions given by this Court, the C.B.I. registered a separate F.I.R. on 29th April, 2011, being R.C.- 3(S)/2011/Mumbai dated 29th April, 2011. On 31st May, 2011, the C.B.I. applied before the Court of Sessions Judge Palanpur, Banaskantha, Gujarat, in Sessions Case No.58 of 2010, inter alia, for the following directions :

“It is, therefore, humbly prayed that keeping in view the orders dated 08.04.2011 of the Hon’ble Supreme Court of India, the articles submitted by the Gujarat Police as per the list enclosed (as desired by this Hon’ble Court) along with the Char