Section 173(8) Crpc - Power to direct further investigation after taking cognizance without request of the investigating agency. - Scope of - whether a Magistrate can direct for further investigation after filling charge sheet and taking cognizance without request of the investigating agency.
Petitioner assailed the order passed by the Magistrate on the grounds that the Magistrate has no power to direct further investigation after taking cognizance. His contention was substantiated with the authority laid down in Qureshi's case that I.O has not sought the emergence of any new circumstances for any further investigation
The impugned order records the reason for the court to form such an opinion and the IO took time to carry out further investigation and filed the supplementary charge sheet.
Held petition devoid of merit and liable to be dismissed.