SATISHKUMAR NYALCHAND SHAH versus STATE OF GUJARAT & ORS.

Citation: [2020] 3 S.C.R. 1106 · Decided: 02-03-2020 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Dismissed
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2020] 3 S.C.R.
SATISHKUMAR NYALCHAND SHAH
v.
STATE OF GUJARAT & ORS.
(Criminal Appeal No. 353 of 2020)
MARCH 02, 2020
[ASHOK BHUSHAN AND M. R. SHAH, JJ.]
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
[2020] 3 S.C.R. 1106
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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 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 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
Case Law Reference
(2018) 14 SCC 298
referred to
Para 3.2
[2017] 4 SCR 105
referred to
Para 3.3
[1992] 3 Suppl. SCR 594
relied on
Para 4.2
[2014] 3 SCR 932
relied on
Para 7
[2009] 8 SCR 1004
relied on
Para 7
[1999] 3 SCR 870
relied on
Para 7
SATISHKUMAR NYALCHAND SHAH v.
STATE OF GUJARAT & ORS.
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SUPREME COURT REPORTS
[2020] 3 S.C.R.
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
No. 353 of 2020.
From the Judgment and Order dated 24.12.2018 of the High Court
of Gujarat at Ahmedabad in Criminal Misc. Application No. 1 of  2018 in
Special Criminal Application No. 8704 of 2018.
Maninder Singh, Sr. Adv., D. N. Ray, Parthiv Shah, Lokesh Kumar
Choudhary, Dillip Kumar Nayak, Ms. Disha Ray, Mrs.
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