Further investigation and revision powers: Magistrate may order further inquiry, but cannot direct reinvestigation by another agency.

Revisional jurisdiction is confined to correcting legal error, perversity, or miscarriage of justice, and a revisional court cannot reappreciate evidence as if hearing an appeal. A Magistrate may direct further investigation after a police report if needed for a fair inquiry, but that power must be used sparingly and does not extend to ordering reinvestigation or fresh investigation by a different agency. Where an order is partly valid and partly impermissible, the lawful direction for further investigation may be sustained while the transfer to another agency is disapproved. The original agency must continue the investigation under supervision.

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Issues: (i) Whether the revisional court could reappreciate the evidence on merits while examining the order directing further investigation. (ii) Whether a Magistrate can direct further investigation and whether such direction can require investigation by another agency as reinvestigation.

Issue (i): Whether the revisional court could reappreciate the evidence on merits while examining the order directing further investigation.

Analysis: Revisional jurisdiction is to be exercised cautiously and ordinarily on questions of law, or on factual matters only where interference is needed to correct perversity or prevent miscarriage of justice. The revisional court had examined the evidence as if sitting in appeal and had gone into detailed factual appreciation beyond the limited scope of revision.

Conclusion: The revisional court was not justified in entering into the merits in the manner adopted by it, and its factual conclusions were unsustainable.

Issue (ii): Whether a Magistrate can direct further investigation and whether such direction can require investigation by another agency as reinvestigation.

Analysis: A Magistrate may disagree with a police report and can direct further investigation to ensure a fair and proper inquiry. The power to direct further investigation is to be exercised sparingly and in exceptional cases. However, the Magistrate cannot direct reinvestigation or fresh investigation by a different agency; such directions lie within the jurisdiction of superior courts in appropriate cases. Where the order is read as a whole, an order styled as reinvestigation may still sustain the valid part directing further investigation, but not the portion transferring the inquiry to another agency.

Conclusion: The Magistrate could lawfully order further investigation, but could not direct reinvestigation by another investigating agency.

Final Conclusion: The impugned revisional order was set aside to the extent it interfered with the permissible direction for further investigation, while the direction entrusting the matter to another agency was disapproved and the investigation was ordered to continue through the original agency under supervision.

Ratio Decidendi: A Magistrate may direct further investigation after a police report, but cannot order reinvestigation or fresh investigation by another agency; revisional courts must remain within their limited supervisory sphere and not reassess evidence as an appellate court.

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