Bombay High Court, Circuit Bench at Kolhapur
Sheetalkumar Sudhakar Manere v. State of Maharashtra and Sanjay Danchand Ghodawat
Published on this website
Criminal Writ Petition No. 4617 of 2025
Citation: Neutral or reporter citation not stated in the judgment
Background
Background
Bombay High Court upholds further investigation under section 173(8) CrPC before charges, recognising the complainant’s standing and rejecting a proposed accused’s hearing claim.
Legal questions
Legal questions
Whether a complainant may seek further investigation after cognizance and before framing of charges, and whether a proposed accused must be heard on that application.
Court holding
What the Court decided
The complainant had standing to request further investigation; the Magistrate retained power after cognizance at the pre-charge stage. The proposed accused had no automatic hearing right or locus to intervene in the application on these facts. The Magistrate’s reasoned order disclosed no illegality or perversity.
Final outcome
Final outcome
Criminal writ petition dismissed; rule discharged; no costs. The 23 July 2025 order allowing further investigation under section 173(8) remained intact. No finding of guilt was made against the petitioner.
Practical effect
What the decision means in practice
Criminal writ petition dismissed; rule discharged; no costs. The 23 July 2025 order allowing further investigation under section 173(8) remained intact. No finding of guilt was made against the petitioner.
This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.
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Related article
Related article
Bombay High Court upholds further investigation under section 173(8) CrPC before charges, recognising the complainant’s standing and rejecting a proposed accused’s hearing claim.
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