2024 Supreme(SC) 844

SUPREME COURT OF INDIA
B.R. Gavai, K.V. Viswanathan, JJ.
K. Vadivel – Appellant
Versus
K. Shanthi & Ors. – Respondent
Criminal Appeal No. 4058 of 2024 (@ SLP Criminal No. 4360 of 2022)
Decided On : 30-09-2024

IMPORTANT POINTS
(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 further investigation.
(2) Further investigation – While delay in trial will cede to pursuit of truth, however, distinction should be made between cases where there exist genuine grounds to hold up proceedings and cases where such grounds do not exist.
(3) Speedy and Timely Justice – Denial of speedy and timely justice can be disastrous to rule of law in long term – Administration of justice feeds on faith of citizenry and nothing should be done to even remotely shake that faith and confidence.

Headnote:

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 193(9) [Criminal Procedure Code, 1973 – Section 173(8)] – Further investigation – Parameters – Ultimately, contextual facts and attendant circumstances have to be singularly evaluated and analyzed to decide needfulness of further investigation or reinvestigation to unravel truth and mete out justice to parties – Where fresh materials come to light which would implicate persons not previously accused or absolve persons already accused or where it comes to notice of investigating agency that a person already accused of an offence has a good alibi, it may be duty of investigating agency to investigate genuineness of same and submit report to court – 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 further investigation so that court is able to arrive at satisfaction that ends of justice require ordering/permitting of further investigation. (Paras 31, 32 and 33)

(B) Criminal Procedure Code, 1973 – Section 173(8) [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 193(9)] – Further investigation – Murder case – While delay in trial will cede to pursuit of truth, however, distinction should be made between cases where there exist genuine grounds to hold up proceedings and cases where such grounds do not exist – This case is a classic example of latter category – At fag end of trial, on eve of final arguments, first round of applications under Section 311, Cr.P.C. came to be filed, which culminated in its dismissal – All stakeholders in the process have contributed to delay and in spite of eleven years having elapsed after incident, trial has still not concluded – Judgment of High Court gave no valid justification for ordering further investigation – Judgment of High Court set aside and application for further investigation under Section 173(8), Cr.P.C. dismissed. (Paras 42,44 and 47)

(C) Administration of Justice – Speedy and Timely Justice – Victims of crime, accused and society at large have legitimate expectation that justice will be available to parties within a reasonable time – Speedy and timely justice is an important facet of rule of law – Denial of speedy and timely justice can be disastrous to rule of law in long term – Even if parties involved in a case themselves, with no valid justification attempt to delay proceedings, courts need to be vigilant and nip any such attempt in bud instantly – Administration of justice feeds on faith of citizenry and nothing should be done to even remotely shake that faith and confidence – Legal profession has important role to play in the process – Any proceeding or application which prima facie lacks merit should not be instituted in court. (Paras 45 and 46)

Facts of the case:

Question that arises for consideration is whether High Court was, on facts of the case, justified in ordering further investigation?

Findings of Court:

Cr. M.P. No 40/2020 in S.C. No. 61/2014 filed by respondent no. 1 before Court of Additional District and Sessions Judge for further investigation under Section 173(8) Cr.P.C. would stand dismissed. We further direct that, in view of the dismissal of the application, the additional charge sheet dated 02.12.2021 will not be taken on record.

Result : Appeal allowed.