IMPORTANT POINTS
Stage of the case or commencement of a trial and examination of some witnesses cannot be an absolute impediment for Constitutional Courts to direct investigation by CBI.
Cause of the victim deserves to be answered to avoid miscarriage of justice.

JUDGMENT :

Dipak Misra, J.

Leave granted.

2. Cry for fair trial by the accused as well as by the victim sometimes remains in the singular and individualistic realm, may be due to the perception gatherable from the facts that there is an attempt to contest on the plinth of fairness being provoked by some kind of vengeance or singularity of “affected purpose”; but, irrefutably a pronounced and pregnant one, there are occasions when the individual cry is not guided by any kind of revengeful attitude or anger or venom, but by the distressing disappointment faced by the grieved person in getting his voice heard in proper perspective by the authorities who are in charge of conducting investigation and the frustration of a victim gets more aggravated when he is impecunious, and mentally shattered owing to the situation he is in and thereby knows not where to go, the anguish takes the character of collective agony. When the investigation, as perceived by him, is nothing but an apology for the same and mirrors before him the world of disillusionment that gives rise to the scuffle between the majesty and sanctity of law on one hand and its abuses on the other, he is constrained to seek intervention of the superior courts putting forth a case that his cry is not motivated but an expression of collective mortification and the intention is that justice should not be attenuated.

3. Justice, which is “truth in action” and “the firm and continuous desire to render to everyone which in his due” becomes a mirage for the victim and being perturbed he knocks at the doors of the High Court under Article 226 of the Constitution alleging that principle of fair and proper investigation has been comatosed by the investigating agency, for the said agency has crucified the concept of faith in the investigation which is expected to maintain loyalty to law and sustain fidelity to its purpose. In the case at hand, the assertions made with immense anguish gave rise to the question before the High Court whether some progress in trial would act as a remora in the dispensation of justice and the situation should be allowed to remain as it is so that an organic disorder is allowed to creep in and corrode and create a cul-de-sac in administration of justice. The further question posed whether the non-approach to the court prior to the stage of commencement of trial would be a peccadillo so as to usher in an absolutely indifferent, unconcerned and, in a way, biased investigation to rule and in the ultimate eventuate lead to guillotining of justice. The High Court having negatived the stand put forth by the appellant, the husband of the deceased, he has approached this Court by way of special leave.

4. With the aforesaid prefatory note and a short prelude to the grievance of the appellant, we proceed to narrate the facts.

5. The minor daughter of the appellant who was raped by the accused persons was threatened with dire consequences in case she disclosed the incident. The incident, as alleged, occurred on 06.08.2012. Despite the threat, the daughter disclosed the incident to her parents. Keeping in view the future of the girl and the social repercussions, they chose to suffer in silence rather than set the criminal law in motion. When the family stood reconciled to the situation, something extremely untoward happened. On 02.09.2012, Kamlesh Devi, wife of the appellant, had gone to village Nilikhen for taking medicine for her teeth and gums problem but did not return home on that day. The appellant searched for his wife along with his relatives and eventually a bag containing vegetables and medicines and some other articles belonging to the wife was found underneath the bridge Manak Majra on the lower side of Sarsa Branch river. The appellant suspected that Kusum, wife of Sukh Ram, resident of Kalsi and Aman alias Virender had abducted his wife or had thrown her into the river. In such a situation, the appellant lodged an FIR, on 05.09.2012 at P.S. Butana. The investiga