Locus Standi of Proposed Accused and Magistrate Power for Further Investigation Under Section 173(8) CrPC

sketch of the Bombay High Court
Case
SHEETALKUMAR SUDHAKAR MANERE v. THE STATE OF MAHARASHTRA (Bombay High Court, 10-09-2026)
Law
Code of Criminal Procedure, Constitution of India, Indian Penal Code.

Highlights of the Judgment:

  • Examination of whether a proposed accused possesses locus standi to intervene or challenge an order for further investigation under Section 173(8) of the Code of Criminal Procedure.
  • Analysis of the de facto complainant's locus to move an application seeking further investigation.
  • Scope of a Magistrate's power to direct further investigation post-cognizance and prior to the framing of charges, referencing Vinubhai Malviya.
  • Application of natural justice and whether denying a pre-hearing to a proposed accused violates Article 21.
  • Assessment of writ petition maintainability despite available alternate remedies under Section 397 of the CrPC.