SC discussed locus standi in the proceeding under S. 173(8) CrPC
- shrey singh
- Mar 3, 2020
- 2 min read
Satishkumar Nyalchand Shah v. State of Gujarat
CRIMINAL APPEAL NO. 353 OF 2020 decided 02.3.2020
Bench: Ashok Bhushan and M. R. Shah, JJ.
Facts
The present proceedings arise out of the application submitted by the private respondent herein seeking further investigation under Section 173(8) CrPC against one Mr. B who is yet not charge-sheeted. Learned Chief Judicial Magistrate dismissed the said application against which the private respondent has approached the High Court by way of Special Criminal Application. In the said petition, the appellant herein, one of the co-accused who is already charge-sheeted and against whom the trial is in progress and though in an application under Section 173(8) CrPC no relief is sought against him, submitted an application to implead him as respondent in the said Special Criminal Application and the said application has been dismissed by the High Court by the impugned Judgment and Order. Hence, an appeal to this court.
Question of Law
Whether the appellant who is co-accused and against whom the charge-sheet is already filed and against whom the trial is in progress, is required to be heard and/or has any locus in the proceedings under Section 173(8) CrPC – further investigation qua one another accused against whom no charge-sheet has been filed till date?
Held
The Court held that as such no error has been committed by the High Court dismissing the application submitted by the appellant herein to implead him in the Special Criminal Application filed by the private respondent. The Court said that it is not at all appreciable how the appellant against whom no relief is sought for further investigation has any locus and/or any say in the application for further investigation under Section 173(8) CrPC.
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