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B. R. GAVAI, K. V. VISWANATHAN
K. Vadivel – Appellant
Versus
K. Shanthi – Respondent
Key Points: - The judgment discusses that further investigation cannot be a fishing or roving inquiry when a charge-sheet has already been filed; there must be a reasonable basis triggering the application for further investigation. (!) (!) - It holds that while delay in trial can aid truth-seeking, there must be genuine grounds to hold up proceedings; otherwise, ordering further investigation is unwarranted. (!) (!) (!) - The Court reverses a High Court order directing further investigation, finding the grounds inadequate and noting the need to conclude trials within reasonable time; additional charge-sheet recordings at this stage were not taken on record. (!) (!) (!) - The decision emphasizes that the power to order further investigation is sparingly used and should be exercised to achieve ends of justice, not to prolong proceedings. (!) (!) - It reiterates that if fresh facts emerge or there is a genuine need to investigate new or different eyewitnesses, the proper procedure and justification must be established; mere belated petitions at post-cognizance stages are not sufficient. (!) (!) (!) - The judgment directs concluding the trial and disposing of the case within eight weeks from the date of the order. (!)
JUDGMENT
K.V. Viswanathan, J.
1. Leave granted.
2. The present appeal mounts a challenge to the judgment and order dated 30.04.2021 of the Madurai Bench of the Madras High Court in Criminal R.C. (MD) No.533 of 2020. By the said judgment, the High Court has, by a cryptic order, and long after final arguments had been concluded on 19.10.2019 in the trial court, ordered further investigation in the matter. The aggrieved accused is before this Court with a grievance that the direction was not justified in law particularly when already an attempt by the wife of the deceased to summon certain witnesses under Section 311 of the Criminal Procedure Code, 1973 (Cr.P.C.) had been rebuffed by the Trial Court and the High Court as early as in December 2019.
3. The question that arises for consideration is whether the High Court was, on the facts of the case, justified in ordering further investigation?
4. The basic facts essential for adjudication of the present controversy are as follows:-
5. On 31.03.2013, a First Information Report (FIR) being Crime No. 27 of 2013 was registered on the complaint given by one Padikasu (subsequently examined as PW-1) stating that when he along with the deceased Kuma
(1) Further investigation cannot be permitted to do a fishing and roving enquiry when police had already filed charge-sheet – There must be some reasonable basis which should trigger application for ....
The court emphasized that further investigation must be justified by new evidence or deficiencies in the prior investigation, and the discretion to order it lies with the Magistrate based on case fac....
The investigation must be unbiased, honest, and just, and fair investigation is a part of the constitutional rights guaranteed under Articles 20 and 21 of the Constitution of India. The power to dire....
The accused do not possess the right to request further investigation under Section 173(8) of the Cr.P.C., as this power is reserved for the investigating agency and the court, ensuring that the inve....
(1) Further investigation – Mere fact that there may be further delay in concluding trial should not stand in way of further investigation if that would help court in arriving at truth and do real an....
When once case is put on trial against the accused and also some of the witnesses have been examined as PWs.1 to 18 and through them documents have been marked respectively, therefore, it cannot aris....
The court affirmed that thorough investigations were conducted, finding no deficiencies or evidence of foul play, thus denying the request for re-investigation.
The right to conduct further investigations under Section 173(8) of Cr.P.C. is statutory and does not require prior court approval, reinforcing that inquiries may extend beyond the initial report.
Further investigation – Police ought to follow procedure of seeking permission from Court to conduct “further investigation” and file supplementary chargesheet – Power to direct further investigation....
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