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Issues: Whether the second FIR and the charge sheet filed pursuant to it were maintainable when the alleged offence formed part of the same transaction already covered by the first FIR, and whether the later charge sheet could be treated as a supplementary charge sheet in the first FIR.
Analysis: The governing scheme of the Code of Criminal Procedure, 1973 permits investigation on the basis of the first information and, upon discovery of further material, authorises further investigation and further reports under Section 173(8), rather than a fresh FIR for the same occurrence or connected offences. Where subsequent allegations are only a consequence of, or inseparably linked with, the earlier incident, they form part of the same transaction and must ordinarily be investigated and prosecuted within the framework of the first FIR. Applying this principle, the Court held that the alleged killing of the material witness was not a distinct occurrence severable from the earlier conspiracy, but was a continuation of the same chain of events and therefore fell within the first FIR. The Court also gave weight to the CBI's earlier stand that all the killings were part of one larger conspiracy and that one trial was required.
Conclusion: The second FIR was impermissible in law and was quashed. The charge sheet filed on its basis was directed to be treated as a supplementary charge sheet in the first FIR. The relief was granted in favour of the petitioner.
Ratio Decidendi: A second FIR cannot be registered for offences that are part of the same transaction already covered by the first FIR; in such a case, the proper course is further investigation and a supplementary report under the Code of Criminal Procedure, 1973.
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