Criminal Procedure Code, 1973
Section 173(8)—Order of further investigation—Challenged—Merely the police filed the charge sheet and cognizance taken, the Court cannot confine to the charge sheet—If the Investigating Officer makes an application for further investigation of the matter to the Magistrate, the Magistrate has power to permit the police to further investigate the matter—It cannot be construed as re- investigation and merely the Magistrate not given any notice to the accused while directing the police to further investigate the matter, that itself is not ground to quash the impugned order for the purpose of investigation—Magistrate has always power to further investigate the matter—Petitioner not made out a case for setting aside the impugned order—Petition dismissed.
[Para 15]