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Supreme Court of India 2020-03-02 dismissed

Satish Kumar Nyalchand Shah vs State of Gujarat & Ors

Bench: 2 — Ashok Bhushan, M. R. Shah

In Brief

This case arose from the collapse of Shikhar Apartment during a 2001 earthquake in Ahmedabad in which 98 persons died. The victim sought further investigation under Section 173(8) CrPC against an accused not yet charge-sheeted. Another co-accused already charge-sheeted sought to implead himself as a party respondent in this application. The High Court rejected his application. The Supreme Court held that a charge-sheeted accused undergoing trial has no locus to participate in proceedings for further investigation against another uncharges accused. Section 173(8) CrPC does not require hearing any accused before directing further investigation. Appeal dismissed.

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Criminal Procedure Further Investigation Locus Standi Impleading of Parties Code of Criminal Procedure

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