K. Vadivel vs K. Shanthi & Ors.

Held: Contextual facts and the attendant circumstances have to be singularly evaluated and analyzed to decide the needfulness of further investigation or re-investigation to unravel the truth and mete out justice to the parties – However, the further investigation cannot be permitted to do a fishing and roving enquiry when the police had already filed a charge-sheet and the very applicant for further investigation, has not whispered about anything new in her evidence as is now sought to be averred in the application – There must be some reasonable basis which should trigger the application for further investigation so that the court is able to arrive at a satisfaction that ends of justice require the ordering/permitting of further investigation – Though power to order further investigation is a significant power it has to be exercised sparingly and in exceptional cases and to achieve the ends of justice – On facts, the direction for further investigation absolutely unwarranted – Ordering the additional charge sheet to be taken on record at this stage pursuant to the further investigation will not be in accordance with law – All the stakeholders in the process have contributed to the delay and in spite of eleven years having elapsed after the incident, the trial has still not concluded – High Court allowed the further investigation without giving valid justification for the same – Denial of speedy and timely justice can be disastrous to rule of law in the long term – Even if the parties involved in a case themselves, with no valid justification attempt to delay the proceedings, the courts need to be vigilant and stop such attempt instantly – Any proceeding or application which prima facie lacks merit should not be instituted in a court – Pleadings/petitions with outrageous and ex facie unbelievable averments are made with no inhibition whatsoever – These directly impinge on the rule of law, because they add to the pendency and the consequential delay in the disposal of other cases – Such frivolous and vexatious proceedings to be met with due sanctions in the form of exemplary costs to dissuade parties from resorting to such tactics – Thus, the judgment of the High Court set aside as also application filed by the respondent no. 1 before the trial court for further investigation u/s. 173(8) – In view thereof, the additional charge sheet would not be taken on record. [Paras 32, 33, 35, 37, 38, 43-47]