VidhiSangh

Supreme Court of India · 30/09/2024

K. VADIVEL versus K. SHANTHI & ORS.

[2024] 10 S.C.R. 1 · 2024 INSC 746

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Summary

The Supreme Court set aside a High Court order directing further investigation in a 2013 murder trial at the instance of the deceased's wife after final arguments had concluded, holding that further investigation under Section 173(8) CrPC needs a reasonable basis and cannot be a roving enquiry, that the application rehashed grounds already rejected under Section 311, and that the High Court gave no reasons; the additional chargesheet was not to be taken on record and the trial was to conclude within eight weeks.

Issues

  1. Whether the High Court was justified, on the facts, in directing further investigation under Section 173(8) CrPC after the evidence and final arguments had concluded.
  2. Whether the application for further investigation was a disguised attempt to reopen the rejected application under Section 311 CrPC.
  3. Whether the additional chargesheet prepared pursuant to the High Court's order could be taken on record.

Provisions considered

Held

Result

Appeal allowed; the High Court's order dated 30.04.2021 set aside and the application for further investigation dismissed; the additional chargesheet dated 02.12.2021 not to be taken on record; the trial court to hear arguments afresh and pronounce judgment within eight weeks.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 1.