Further investigation after cognizance remains permissible, and absence of formal permission does not invalidate a warranted direction.

Section 173(8) of the Code of Criminal Procedure preserves the power of further investigation even after a report under Section 173(2) has been forwarded to the Magistrate and cognizance has been taken. The recognised power of the Magistrate to direct further investigation therefore remains available, and a contrary single-judge view cannot prevail over the Full Bench position. The procedure of informing the court and seeking permission when fresh facts emerge is ordinarily desirable, but it is not a rigid precondition where the court finds the investigation incomplete and further investigation necessary.

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Issues: Whether a Magistrate can direct further investigation and a supplementary charge-sheet after cognizance has been taken, and whether the absence of a formal permission procedure invalidates such further investigation.

Analysis: Section 173(8) of the Code of Criminal Procedure, 1973 preserves the power to conduct further investigation even after a report under Section 173(2) has been forwarded to the Magistrate. The Full Bench view recognising the Magistrate's power to direct further investigation governed the field, and a contrary single-judge view could not prevail. The procedure discussed in the cited Supreme Court decision was only that it is ordinarily desirable for the police to inform the court and seek permission when fresh facts emerge; it was not a rigid precondition in a case where the court found that the investigation had been incomplete and further investigation was necessary.

Conclusion: The challenge to the direction for further investigation failed, and the petition was dismissed.

Ratio Decidendi: A Magistrate may direct further investigation under Section 173(8) of the Code of Criminal Procedure, 1973 even after cognizance, and the absence of a formal permission ritual does not invalidate such direction where further investigation is warranted.

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