Victim has a fundamental right of fair investigation and fair trial. Therefore, mere filing of the chargesheet and framing of the charges cannot be an impediment in ordering further investigation / re-investigation / de novo investigation, if the facts so warrant. Suffice it to say that at the relevant time when the State police agency took a particular stand, accused No. 13 was in power and sitting Minister – The endeavor of the Court should be to have the fair investigation and fair trial only It can be seen that there was no proper investigation by the State investigating agency at the relevant time and even the material evidences were also not collected. Held, a case is made out for further investigation and the State 13 agency may be permitted to conduct a further investigation and to bring on record the further material, which may be in the furtherance of fair investigation and fair trial. The High Court has committed a very serious error in not ordering and/or permitting the State police agency to further investigate into the FIR bearing Nos. 119 and 120 of 2020. The High Court has not considered the relevant aspects narrated hereinabove and therefore interference of this Court is warranted
[Anant Thanur Karmuse v. State of Maharashtra, (2023) 5 SCC 802]
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