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SATISHKUMAR NYALCHAND SHAH v. THE STATE OF GUJARAT

Supreme Court of India | 2020 INSC 246 | Diary 12/2019

Status

Judgment

Decided On

2020-03-02

Bench

HON'BLE MR. JUSTICE ASHOK BHUSHAN and HON'BLE MR. JUSTICE M.R. SHAH

Petitioner

SATISHKUMAR NYALCHAND SHAH

Respondent

THE STATE OF GUJARAT

Citation

2020 INSC 246

Primary Holding

An accused person who has already been charge-sheeted has no locus standi to implead himself as a party-respondent in a petition filed by the complainant seeking further investigation against other accused persons.

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Full Judgment Text

1

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 353 OF 2020

Satishkumar Nyalchand Shah .. Appellant

Versus

State of Gujarat & Ors. .. Respondents

J U D G M E N T

M.R. Shah, J.

Feeling aggrieved and dissatisfied with the impugned judgment and order

dated 24.12.2018 passed by the High Court of Gujarat at Ahmedabad in Criminal

Miscellaneous Application No. 1 of 2018 in Special Criminal Application No. 8704

of 2018, by which the High Court has dismissed the said application preferred by

the appellant herein permitting him to be joined as respondent No. 4 in the said

Special Criminal Application No. 8704 of 2018, which was filed by the private

respondent herein seeking further investigation against other persons (other than

2

the appellant who is one of the accused and is already charge-sheeted), the

appellant has preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:

That in an earthquake on 26.01.2001, number of buildings collapsed,

including the building named Shikhar Apartment situated at Village Vejalpur,

Ahmedabad. That due to the collapse of the said Shikhar apartment, 98 persons

died. That the private respondent herein-the victim lodged the FIR, being CR No.

I-58 of 2001 with the Satellite Police Station against the appellant and others for

the offences punishable under Sections 304, 418, 420 and 114 of IPC and Section

3(2...

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