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.
Dismissing the appeal, the Court
HELD : 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. How he can be said to be a necessary and a proper party. It is required to be noted that, as such, even the proposed accused Shri Bhaumik shall not have any say at this stage in an application under Section 173(8) CrPC for further investigation. Therefore, when the proposed accused against whom the further investigation is sought is not required to be heard at this stage, there is no question of hearing the appellantone 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 is sought against him. The High Court was absolutely justified in rejecting the application submitted by the appellant to implead him as a party respondent in the Special Criminal Application. In the facts and circumstances of the case, Rule 51 of the Gujarat High Court Rules shall not have any application for further investigation under Section 173(8) CrPC. Proceedings arising out of an application under Section 173(8) CrPC cannot be equated with the appeal or application against the order passed in criminal case as stated in Rule 51. [Paras 7, 8][1113-A-B, F-H; 1114-A]
Union of India v. W. N. Chadha (1993) 4 Supp SCC 260 : [1992] 3 Suppl. SCR 594 ; Dinubhai Baghabhai Solanki v. State of Gujarat (2014) 4 SCC 626 : [2014] 3 SCR 932; Narender G. Goel v. State of Maharashtra (2009) 6 SCC 65 : [2009] 8 SCR 1004 ; Sri Bhagwan Samardha v. State of A.P. (1999) 5 SCC 740 : [1999] 3 SCR 870 – relied on. Athul Rao v. State of Karnataka (2018) 14 SCC 298 ; Amrutbhai Shambhubhai Patel v. Sumanbhai Kantibhai Patel (2017) 4 SCC 177 : [2017] 4 SCR 105 – referred to
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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