SC: Co-Accused Has No Locus in Plea for Further Investigation Under Section 173(8) CrPC

Case name: Satishkumar Nyalchand Shah v. State of Gujarat & Ors.

Date of Order: 02 March 2020

Citation: 2020 INSC 246; Criminal Appeal No. 353 of 2020

Bench: Justice Ashok Bhushan and Justice M.R. Shah (Division Bench)

Held: A co-accused who is already charge-sheeted and facing trial has no locus to be impleaded/heard in proceedings seeking further investigation under Section 173(8) CrPC against another person. Even a proposed accused has no right of hearing at this stage; the court is not obliged to hear the accused before directing further investigation. Gujarat High Court Rule 51 does not apply to such proceedings.

Summary: The case arises from the 26.01.2001 Ahmedabad earthquake collapse of “Shikhar Apartment,” leading to 98 deaths and prosecution of several persons including the appellant. After charge-sheets were filed against some, the victim sought further investigation against another person (Shri M.N. Bhaumik) under Sections 173(8) and 156(3) CrPC. The Magistrate rejected the application; the victim moved the High Court. The appellant (already charge-sheeted) sought to be impleaded in that High Court petition; impleadment was refused.
Issue: Whether a co-accused already facing trial is a necessary/proper party or has any locus in writ proceedings challenging rejection of a plea for further investigation against another person.

Appellant’s stance: Invoked decisions including Athul Rao and Amrutbhai Patel, and Rule 51 of the Gujarat High Court Rules, 1993, to argue he should be heard/impleaded.

Court’s reasoning: Relying on W.N. Chadha, Narender G. Goel, Dinubhai B. Solanki, and Sri Bhagwan Samardha, the Court reaffirmed that there is nothing in Section 173(8) CrPC obliging the court to hear the accused before ordering further investigation; requiring such a hearing would unduly burden courts. Consequently, a co-accused (already charge-sheeted and on trial) has no say in a victim’s plea for further investigation against someone else. Rule 51 (about parties to appeals/applications) is inapplicable to a Section 173(8) CrPC context.

Decision: Appeal dismissed. The High Court rightly refused to implead the co-accused in the victim’s petition seeking further investigation under Section 173(8) CrPC. No right of audience accrues to either a proposed accused or a co-accused at this stage; the trial against the appellant proceeds independently.