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―31. All the above assertions made by CBI support the stand of the petitioner. It is also relevant to note the stand taken by CBI and reliance placed on the same by this Court in the order dated 8-4-2011 in WP (Crl.) No. 115 of 2007 i.e. Narmada Bai [(2011) 5 SCC 79 : (2011) 2 SCC (Cri) 526] . The relevant excerpts are quoted verbatim hereunder: (SCC pp. 83-84, 86, 89-92, 94-96 & 101, paras 8, 19, 21, 30-32, 34-35, 39, 47-48 & 65) ―8. It is the further case of the petitioner that the deceased being a key eyewitness to the murder of Sohrabuddin and his wife Kausarbi, the team of Mr D.G. Vanzara and others planned to do away with him to avoid his interrogation by Ms Geeta Johri, Inspector General of Police. ... Hence, the petitioner has preferred this petition before this Court praying for direction to CBI to register an FIR and investigate the case.

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30. As pointed out by the learned counsel for the petitioner and CBI, the said judgment records that there is strong suspicion that the ‗third person' picked up with Sohrabuddin was Tulsiram Prajapati. ...

31. ... Pursuant to the said direction, CBI investigated the cause of death of Sohrabuddin and his wife Kausarbi. CBI, in their counter-affidavit, has specifically stated that as per their investigation Tulsiram Prajapati was a key witness in the murder of Sohrabuddin and he was the ‗third person' who accompanied Sohrabuddin from Hyderabad and killing of Tulsiram Prajapati was a part of the same conspiracy. It was further stated that all the records qua Tulsiram Prajapati's case were crucial to unearth the ‗larger conspiracy' regarding Sohrabuddin's case which despite being sought were not given by the State of Gujarat.

35. ... In Writ Petition No. 6 of 2007, Rubabbuddin Sheikh prayed for direction for investigation by CBI into the alleged abduction and fake encounter of his brother Sohrabuddin by the Gujarat Police Authorities and also prayed for registration of an offence and investigation by CBI into the alleged encounter of one Tulsiram Prajapati, a close associate of Sohrabuddin, who was allegedly used to locate and abduct Sohrabuddin and his wife Kausarbi, and was thus a material witness against the police personnel. ...

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39. It is clear that the above judgment records that there was a strong suspicion that the ‗third person' picked up with Sohrabuddin was Tulsiram Prajapati. It was also observed that the call records of Tulsiram were not properly analysed and there was no justification for the then Investigation Officer Ms Geeta Johri to have walked out of the investigation pertaining to Tulsiram Prajapati. The Court had also directed CBI to unearth ‗larger conspiracy' regarding Sohrabuddin's murder. In such circumstances, we are of the view that those observations and directions cannot lightly be taken note of and it is the duty of CBI to go into all the details as directed by this Court.