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TMI Blog1984 (11) TMI 357X X X X Extracts X X X X X X X X Extracts X X X X ..... the complaint. The investigating officer submitted the charge-sheet on 18-1-83 for the offence punishable under Section 408 of the Indian Penal Code. Thereafter the case was registered as Criminal Case No. 350 of 1983. It is the say of the petitioner that his plea was recorded and some evidence was also taken by the learned Magistrate. 2. Thereafter an application Ex. 31 was filed on behalf of the prosecution contending that investigating officer had not seized certain important documents and that it was necessary that investigating officer may be directed to make further investigation in the matter and should be directed to submit further charge-sheet in the interest of justice and till then further proceedings in the matter may be stayed. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l forward a further report or reports regarding such evidence in the form prescribed under the provisions of Sub-section (2) to (6) as they apply in relation to a report forwarded under Sub-section (2). In Special Criminal Application No. 293 of 1984 decided by me on 21st August 1984, I have taken the view that even after taking cognizance of the matter the Court is entitled to direct the investigating officer to make further investigation in the case. In the case of Ram Lal Narang v. State Delhi Admn. 1979CriLJ1346 the Supreme Court has held that notwithstanding that a Magistrate had taken cognizance of the offence upon a police report submitted under Section 173 of the Code (old), the right of the police to further investigation is not ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o once the Court took cognizance of an offence on the filing of a charge-sheet by the police and thereafter further investigation by the police was not permissible. It further held that it would be open to the Magistrate to 'suspend cognizance' and direct the police to make further investigation into the case and submit a report. In paragraph 21 the Court has held that after all the investigating agency has greater resources at its command than a private individual. Similarly where the involvement of persons who are not already accused comes to the notice of the investigating agency, the investigating agency cannot keep quiet and refuse to investigate the fresh information. Thereafter it is further held as under: It is their duly to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her investigation with the permission of the Court, there would be hardly any reason to hold that the Magistrate is not empowered to direct the investigating officer to make further investigation once he takes the cognizance. In my opinion, that would be a totally unreasonable view. 4. In the case of State of Bihar v. J.A.C. Saldanna 1980CriLJ98 , the Supreme Court after considering the provisions of Section 3 of the Indian Police Act and Section 173(8) of the Criminal Procedure Code has held that there is no conflict between the two provisions. Power to direct investigation or further investigation is entirely different from the method and procedure of investigation and the competence of the person to investigate. The Supreme Court held th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the matter for investigation to the police and having received the report. After considering the provisions of Sections 156(3) and 190 of the Criminal Procedure Code and the various Supreme Court decisions the Court laid down the following legal propositions in paragraph 14 of the judgment: 1. That a Magistrate can order investigation under Section 156(3) only at the pro-cognizance stage, that is to say, before taking cognizance under Sections 190, 200 and 204 and where a Magistrate decides to take cognizance under the provisions of Chapter 14 he is not entitled in law to order any investigation under Section 156(3) though in cases not falling within the proviso to Section 202 he can order an investigation by the police which would be in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he decision of this Court in the case of Bachubhai v. State reported in 25 (2) G.L.R. 897, where the Court has also taken the similar view of the provisions of Section 173(8) and held that if there is an authority which is competent to make additional report or reports there does not appeal to be any reason why the Court should not have power to direct the authority to make further report. In the case of Deepak Dwarkadas v. State reported in 21 G.L.R. 135 the Court has negatived the contention that after submitting a charge-sheet the investigating officer becomes functus officio and held that an additional charge-sheet could be submitted by a Police Station Officer if and only if there was further investigation in the course of which some f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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