K. VADIVEL versus K. SHANTHI & ORS.

Citation: [2024] 10 S.C.R. 1 · Decided: 30-09-2024 · Supreme Court of India · Bench: BHUSHAN RAMKRISHNA GAVAI · Disposal: Appeal(s) allowed

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Judgment (excerpt)

[2024] 10 S.C.R. 1 : 2024 INSC 746
K. Vadivel 
v. 
K. Shanthi & Ors.
(Criminal Appeal No. 4058 of 2024)
30 September 2024
[B.R. Gavai and K.V. Viswanathan,* JJ.]
Issue for Consideration
Under what circumstances could the power be invoked for further 
investigation and whether on the facts, further investigation was 
warranted.
Headnotes†
Code of Criminal Procedure, 1973 – s. 178(3) – Further 
investigation – Applications filed by the first respondent 
for directing the State to conduct further investigation or 
re-investigation by examining the related occurrence and 
eyewitnesses of the crime mentioned in the application and 
submit additional/supplementary charge-sheet – Dismissed 
by the trial court holding that further investigation cannot be 
ordered at the post cognizance stage – However, the High 
Court allowed the application – Correctness: 
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 
* Author
2
[2024] 10 S.C.R.
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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]
Case Law Cited
Vinubhai Haribhai Malaviya & Ors. v. State of Gujarat & Anr. [2019] 
15 SCR 936 : [2019] 17 SCC 1; Pooja Pal v. Union of India & 
Ors. [2016] 11 SCR 560 : [2016] 3 SCC 135; Ram Lal Narang 
v. State (Delhi Administration) [1979] 2 SCR 923 : [1979] 2 SCC 
322; Hasanbhai Valibhai Qureshi v. State of Gujarat & Ors. [2004] 
3 SCR 762 : [2004] 5 SCC 347; Vinay Tyagi v. Irshad Ali alias 
Deepak & Ors. [2013] 5 SCC 762; Devendra Nath Singh v. State 
of Bihar & Ors. [2023] 1 SCC 48; Himanshu Kumar and Others 
v. State of Chhattisgarh and others [2022] 11 SCR 724 : [2022] 
SCC OnLine SC 884 – referred to.
List of Acts
Code of Criminal Procedure, 1973.
List of Keywords
Further investigation; Re-investigation; Charge-sheet; Inherent 
powers; Delay; Rule of law; Denial of speedy and timely justice; 
Frivolous and vexatious proceedings; Sanctions; Exemplary costs; 
Additional charge sheet.
[2024] 10 S.C.R. 
3
K. Vadivel v. K. Shanthi & Ors.
Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 4058 
of 2024
From the Judgment and Order dated 30.04.2021 of the High Cour

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