Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973: s.173(8) – Further investigation – Application submitted by private respondent seeking further investigation under s.173(8) against a person who is yet not charge-sheeted – Magistrate dismissed the said application – Private respondent approached the High Court by way Special Criminal Application – Appellant one of the co-accused who was already charge-sheeted and against whom the trial was in progress and though in an application under s.173(8) no relief was sought against him, submitted an application to implead him as respondent in the said Special Criminal Application – Application dismissed by the High Court – On appeal, held: No error was committed by High Court in dismissing the application submitted by the appellant to implead him in the Special Criminal Application filed by the private respondent challenging the order passed by the Magistrate rejecting his application for further investigation under s.173(8) with respect to one another accused against whom no charge-sheet was filed till date – Therefore, when the proposed accused against whom the further investigation was sought was not required to be heard at this stage, there was no question of hearing the appellant-one of the co-accused against whom the charge-sheet is already filed and the trial against whom is in progress and no relief of further investigation was sought against him – Proceedings arising out of application under s.173(8) cannot be equated with the appeal or application against the order passed in criminal case as stated in r.51 of the Gujarat High Court Rules – Therefore, r.51 has no application at all. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2020 INSC 246 |
Petitioner | Satishkumar Nyalchand Shah |
Respondent | State Of Gujarat & Ors. |
SCR | [2020] 3 S.C.R. 1106 |
Judgement Date | 2020-03-02 |
Case Number | 353 |
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