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2020 (3) TMI 1377 - SC - Indian LawsSeeking to be joined as Respondent No. 4 in the said Special Criminal Application - seeking further investigation against other persons (other than the Appellant who is one of the Accused and is already charge-sheeted) - HELD THAT:- No error has been committed by the High Court dismissing the application submitted by the Appellant herein to implead him in the Special Criminal Application filed by the private Respondent herein challenging the order passed by the learned Chief Judicial Magistrate rejecting his application for further investigation Under Section 173(8) Code of Criminal Procedure with respect to one another Accused namely Shri Bhaumik against whom no charge-sheet has been filed till date. Therefore, 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) Code of Criminal Procedure. 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) Code of Criminal Procedure for further investigation. When the proposed Accused against whom the further investigation is sought, namely Shri Bhaumik 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. Therefore, the High Court is absolutely justified in rejecting the application submitted by the Appellant to implead him as a party Respondent in the Special Criminal Application. Proceedings arising out of an application Under Section 173(8) Code of Criminal Procedure cannot be equated with the appeal or application against the order passed in criminal case as stated in Rule 51 - Rule 51 of the Gujarat High Court Rules has no application at all. There is no substance in the present appeal and the same deserves to be dismissed - Appeal dismissed.
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