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TMI Blog1996 (12) TMI 415X X X X Extracts X X X X X X X X Extracts X X X X ..... process issued, can order of his own further investigation in the case. That such a power is available to police after submission of chargesheet is no longer debatable question in view of Sub-section (8) of Section 173 (in Chapter XII : Information to Police and their Powers to Investigate) of the CrPC, 1973 (hereinafter referred to as 'the Code'). It is also not in dispute that before taking of cognizance under Section 190 (Part of Chapter XIV : Conditions Requisite for Initiation of Proceedings), the Magistrate may himself order investigation, as contemplated by Sub-section (3) of Section 156 of the Code. Further, in exercise of power under Section 311 finding place in Chapter XXIV (General Provisions as to Enquiries and Trials), ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present case the direction is not to file charge-sheet, what was stated by the two-Judge Bench has no direct application and cannot assist the appellant. 4. Shri Vasdev has, however, strongly pressed into service the summing up of law as to the powers of the Magistrate relating to ordering of investigation before and after taking cognizance as finding place in para 15 of Tula Ram v. Kishor Singh 1978CriLJ8 , in which Fazal Ali, J. speaking for a two-Judge Bench culled out the following legal proposition in this regard: 1. That a Magistrate can order investigation under Section 156(3) only at the pre-cognizance stage, that is to say, before taking cognizance under Sections 190 200 and 204 and where a Magistrate decides to take cognizance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... escribed above. The aforesaid does show that after cognizance has been taken and accused has made appearance pursuant to the process issued against him, the Magistrate was not conceded the power to order investigation. It may, however, be added that the point under consideration had not come up for direct examination in Tula Ram. 5. The decision in Ram Lal Narang v. State (Delhi Administration) 1979CriLJ1346 , has laid down that despite a Magistrate taking cognizance of an offence upon a police report, the right of police to further investigate even under the old 1898 Code was not exhaustive and the police could exercise such right often as necessary when fresh information came to light. (This position is now beyond pale of controversy be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d power can be said to inhere in subordinate criminal courts also. 6. Shri Vasdev took pains, and great pains at that, to contend that the Code has compartementalised the powers to be exercised at different stages of a case, namely, at the time of cognizances, after cognizance is taken, after appearance of the accused, and after commencement of trial on charge being framed. Learned Counsel urged, on the basis of decided cases of this Court, that the power of further investigation undoubtedly exists in the first stage, may exist at the second and Section 311 permits to examine any witness during the course of trial. But at the third (intermediate) stage, this power has not been conferred on a court. All that has to be done at that stage is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1)(a). But if he once takes such cognizance and embarks upon the procedure embodied in Chapter XV, he is not competent to switch back to the pre-cognizance stage and avail of Section 156(3). It may be noted further that an order made under Sub-section (3) of Section 156, is in the nature of a peremptory reminder or intimation to the police to exercise their plenary powers of investigation under Section 156(1). Such an investigation embraces the entire continuous process which begins with the collection of evidence under Section 156 and ends with a report or charge-sheet under Section 173. On the other hand, Section 202 comes in at a stage when some evidence has been collected by the Magistrate in proceedings under Chapter XV, but the same i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... question under examination. 10. The decision of this Court in State of Rajasthan v. Aruna Devi (1995)1SCC1 , to which our attention was invited by Shri Datta, learned senior Counsel appearing for the State, also is not helpful, because in that case the power of the police to make further investigation after cognizance was taken by the Magistrate had come up for examination. The point involved in present appeal, however, is relatable not to the power of the police to make further investigation but of the Magistrate to order for such investigation. 11. The aforesaid being the legal position as discernible from the various decisions of this Court and some of the High Courts, we would agree, as presently advised, with Shri Vasdev that within ..... X X X X Extracts X X X X X X X X Extracts X X X X
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