Proposed accused has no say in application under Sec 173(8) CrPC; SC.

Supreme Court of India

Justice M R Shah & Justice Ashok Bhushan

The SC {Satishkumar Nyalchand Shah v. State of Gujarat & Ors.} holds that the proposed accused  shall not have any say at this stage i.e. while deciding an application under Section 173(8) CrPC for further investigation. Therefore, it was held that 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.

The question falling for consideration in the present case was whether a person who was not sought to be made accused by the applicant in application under Sec 173(8) CrPC, has any right to be heard by the trial court while deciding the said application. The SC answered the said question in negative as aforesaid.