Subsequent FIR Must Be Clubbed With Previous FIR To Avoid Parallel Investigation: Supreme Court Modifies Order In Amit Katyal Case

Supreme Court, in a significant order, held that a subsequent FIR must be clubbed and transferred to the investigation of an earlier FIR when both arise from the same set of allegations and transactions. A bench of Justice Pankaj Mithal and Justice Prasanna B. Varale observed that parallel investigations into the same transaction are improper and that the operative part of a court order must always be in consonance with the legal reasoning provided in the judgment.

The petitioners, Amit Katyal and another, moved a Miscellaneous Application seeking the clarification and modification of a judgment delivered by the Supreme Court on May 18, 2026. In the original judgment, the court had found that FIR No. 439/2024 (Gurugram, Haryana) and FIR No. 30/2019 (EOW, Delhi) arose from the same transaction. However, the operative part of the order had inadvertently directed the earlier Delhi FIR to be clubbed with the subsequent Gurugram FIR.

The primary question before the court was whether the relief granted in the operative part of the May 18 judgment was incorrect for directing the transfer of a previous FIR to a subsequent one. The court was also called upon to determine if such a modification would amount to allowing the accused to "choose" their investigating agency.

Relief Must Align With Judicial Reasoning

The Court noted that while passing the original judgment, it had explicitly observed in Paragraph 26 that FIR No. 439/2024 (Gurugram) arose out of the same set of allegations as FIR No. 30/2019 (Delhi). The bench emphasized that because both FIRs formed part of the same transaction, permitting parallel investigations would be legally improper.

Operative Part Of Order Found To Be Incorrect

The bench observed that despite the findings in the body of the judgment, the ultimate relief granted appeared to be incorrect. Instead of transferring the later Gurugram FIR to the earlier Delhi investigation, the previous order had directed the clubbing and transfer of the 2019 Delhi FIR to the 2024 Gurugram FIR.

Court Emphasizes Consistency In Judgments

The bench held that the relief granted in any judicial order must be in strict consonance with the reasoning contained within the body of the judgment. Since the reasoning favored the previous investigation, the relief portion required immediate correction to reflect that the subsequent investigation should be the one transferred.

"The relief granted has to be in consonance with the reasoning contained in the body of the judgment."

Accused Not Selecting Investigating Agency

Additional Solicitor General S.V. Raju resisted the modification, contending that an accused person cannot be permitted to choose their preferred investigating agency. The court, however, clarified that the application for modification was not an attempt to select an agency but a prayer to align the order with the court's own logic.

Subsequent Investigation To Be Clubbed With Previous FIR

The Court noted that the investigation into the offences was being carried out at two places and clubbing had already been directed. The error lay in transferring the FIR earlier in point of time to the place of the subsequent FIR. The court remarked that it was simply a matter of ensuring the subsequent investigation is clubbed with the previous one.

"It is simply a clarification/modification of the order so that the subsequent investigation may be clubbed with the previous FIR."

No Stay On Delhi EOW Investigation

The bench was informed that there was currently no stay on the investigation regarding FIR No. 30/2019 registered at the Economic Offences Wing (EOW), Delhi. Taking this into account, the court found no impediment in directing the Gurugram FIR to be transferred to the Delhi EOW for a consolidated investigation.

The Supreme Court allowed the Miscellaneous Application and modified its earlier order. It directed that FIR No. 439/2024, PS Sector 65 Gurugram, Haryana, be clubbed and transferred to FIR No. 30/2019, PS Economic Offences Wing (EOW), Delhi. The judgment and order dated May 18, 2026, passed in Writ Petition (Crl.) No. 67 of 2025 stands modified to this extent.

Date of Decision: 21 May 2026