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TMI Blog2009 (8) TMI 1263X X X X Extracts X X X X X X X X Extracts X X X X ..... iminal Procedure, hereinafter referred to as "Cr.P.C", and charge has been framed against some of the accused on the basis thereof and the other co-accused have been discharged, the Magistrate can direct the investigating authorities to conduct a re-investigation or even further investigation under Sub-section (8) of Section 173 Cr.P.C. 2. In the instant case, on the basis of a charge-sheet filed by the Investigating Officer, the Sub-Divisional Judicial Magistrate, Asansol, West Bengal, on 9th July, 2004, took cognizance of offences alleged to have been committed by six of the original sixteen accused persons under Sections 467/468/120B of the Indian Penal Code. The other ten accused persons were discharged on the prayer of the Investigati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owers the court to proceed against the other persons if any material is disclosed against them during the trial. The learned Single Judge observed that although the Magistrate could not direct reinvestigation on the basis of an application made by the de facto complainant and that too on the technical ground of non-service of notice upon him, he could take recourse to Section 319 Cr.P.C. at the stage of trial. 6. Having regard to the view taken by him, the learned Single Judge by his order dated 31st January, 2007, allowed the revisional application and directed the trial court to proceed with the case, in accordance with law. 7. Appearing on behalf of the petitioner, Mr. Jaideep Gupta, learned Senior Advocate, urged that the application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 173 Cr.P.C. Mr. Gupta pointed out that in the said case, this Court had occasion to observe that by not ordering such further investigation on account of the facts, the learned Magistrate had, in fact, failed to exercise the jurisdiction vested in him. Setting aside the order of the learned Magistrate accepting the Final Report, this Court remitted the matter to the learned Metropolitan Magistrate to issue directions under Section 173(8) Cr.P.C. to the Central Bureau of Investigation (C.B.I.) to investigate the case further and to collect further evidence in the larger public interest in order to ensure the purity of the examination conducted by the Union Public Service Commission, hereinafter referred to as "U.P.S.C.", for All Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Special Leave Petition could not be sustained having been passed in excess of the jurisdiction vested in the learned Magistrate. 13. Apart from the above, Mr. Venugopal also submitted that once a charge-sheet had been filed and charges had been framed against some of the accused, it was no longer available to the learned Magistrate to order even a further investigation as contemplated under Section 173(8) Cr.P.C., much less a reinvestigation, in view of the bar imposed under Section 362 Cr.P.C. In support of his submissions, Mr. Venugopal referred to the decision of this Court in Randhir Singh Rana v. State (Delhi Administration) (1997) 1 SCC 361, wherein this Court, while considering the provisions of Section 156(3), 173(8), 190, 200 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eport, which the Magistrate could not do having regard to the fact that he had already passed an order of discharge of ten of the accused persons and such an order is contrary to the provisions of Section 362 Cr.P.C. As has been rightly held by the High Court, having regard to the decisions of this Court in the Master Construction Co. (P) Ltd.'s case AIR 1966 SC 1047 and the Sankatha Singh' s case AIR 1962 SC 1028, which were reflected in Sooraj Devi's case (supra), having passed a final order framing charge against six persons and discharging the remaining accused persons, it was no longer within the Magistrate's jurisdiction to direct a re-investigation into the case. 16. The aforesaid question was considered by a three J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion remains pending. But, even the filing of a charge-sheet did not preclude an Investigating Officer from carrying on further investigation in terms of Section 173(8) Cr.P.C. It was also observed that the power of the Investigating Officer to make a prayer for conducting further investigation in terms of Section 173(8) of the Code is not taken away only because a charge-sheet has been filed under Section 173(2) and a further investigation is permissible even if cognizance has been taken by the Magistrate. 18. Although, the decision in Dinesh Dalmia's case (supra) was rendered in the context of the applicability of Section 167(2) and the proviso thereto, when a charge-sheet has not been filed, the interpretation of the provisions of S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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