Subsequent FIRs must be clubbed with the earlier FIR when arising from the same transaction.

The petitioners filed a Miscellaneous Application seeking clarification/modification of a Supreme Court judgment dated 18.05.2026

In the original judgment, the Court observed that FIR No. 439/2024 (Gurugram, Haryana) and FIR No. 30/2019 (EOW, Delhi) arose from the same transaction; therefore, parallel investigations were improper

However, while the body of the judgment reasoned that the subsequent investigation should be clubbed with the earlier one, the operative part inadvertently directed the clubbing and transfer of the earlier Delhi FIR (2019) into the subsequent Haryana FIR (2024)

The State resisted the modification, arguing that an accused cannot choose the investigating agency

1. Whether the operative part of the judgment dated 18.05.2026 contained a clerical/procedural error regarding the direction of clubbing and transfer of FIRs

2. Whether the modification of the transfer direction constitutes "choosing an investigating agency" by the accused

The Court applied the principle of judicial consistency, ensuring that the operative part of a judgment (the relief) is in consonance with the reasoning contained in the body of the judgment

It further applied the procedural principle that where multiple investigations exist for the same transaction, subsequent investigations should generally be clubbed with the FIR earlier in point of time to prevent parallel proceedings

The Court noted that Paragraph 26 of the original judgment established that FIR No. 439/2024 (Haryana) was part of the same transaction as the pre-existing FIR No. 30/2019 (Delhi)

It found a mechanical error in the operative part where the 2019 FIR was directed to be transferred to the 2024 FIR station, which contradicted the Court's own reasoning

Regarding the Respondent's objection, the Court clarified that this was not a case of the accused selecting an agency, but rather a correction to ensure the subsequent FIR followed the earlier one, as per the established court logic

Since there was no stay on the investigation of the 2019 Delhi FIR, it was determined to be the appropriate lead case

It held that the relief must align with the judgment's reasoning

Specifically, 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, Delhi), rather than the reverse

The application was disposed of with these corrections