JUDGMENT

P. Sathasivam, J.

1) Amitbhai Anilchandra Shah has filed the present Writ Petition being No. 149 of 2012 under Article 32 of the Constitution of India owing to the filing of fresh FIR being No. RC-3(S)/2011/Mumbai dated 29.04.2011 by the Central Bureau of Investigation (CBI) and charge sheet dated 04.09.2012 arraying him as an accused in view of the directions given by this Court to the Police Authorities of the Gujarat State to handover the case relating to the death of Tulsiram Prajapati - a material witness to the killings of Sohrabuddin and his wife Kausarbi to the CBI in Narmada Bai vs. State of Gujarat & Ors., (2011) 5 SCC 79.

2) In Narmada Bai (supra), this Court, taking note of the fact that the charge sheet has been filed by the State of Gujarat after a gap of 3½ years and also considering the nature and gravity of the crime, rejected the investigation conducted/concluded by the State Police and directed the State police authorities to handover the case to the CBI. After investigation, the CBI filed a fresh FIR dated 29.04.2011 against various police officials of the States of Gujarat and Rajasthan and others for acting in furtherance of a criminal conspiracy to scre