A bench of justices P Sathasivam and Ranjan Gogoi also issued notice to the CBI on Shah's plea contending that Prajapati murder case is part of Sohrabuddin Sheikh's fake encounter case and they should be heard together.
Senior advocate Mukul Rohatgi, appearing for Shah, argued there was no need for a separate FIR in the Prajapati case as the case came to light during the CBI probe into the Sohrabuddin's fake encounter case.
He submitted that the chargesheet filed in the Prajapati murder case should be treated as second supplementary chargesheet in the Sohrabuddin Sheikh's murder case.
The court after hearing his argument asked the CBI to file its reply by November 23 and stayed all proceedings against Shah in Prajapati fake encounter case. (MORE)