Magistrate's power to order further investigation after cognizance is unavailable; police retain Section 173(8) power.

After cognizance is taken on a police report and the accused has appeared, a Judicial Magistrate cannot on his own direct further investigation. The statutory scheme distinguishes pre-cognizance powers under Section 156(3), post-cognizance proceedings under Section 190, limited enquiry under Section 202, and trial-stage powers under Section 311. Section 173(8) preserves the police power to conduct further investigation after a report is filed, but it does not confer a corresponding power on a subordinate criminal court. The saved inherent power under Section 482 belongs to the High Court, not the Magistrate.

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Issues: Whether a Judicial Magistrate, after taking cognizance on a police report and after the accused has appeared pursuant to process, can on his own order further investigation.

Analysis: The statutory scheme distinguishes between the pre-cognizance power to direct investigation under Section 156(3) of the Code, the post-cognizance power to proceed under Section 190, the limited enquiry contemplated by Section 202, and the trial-stage power under Section 311. The provision in Section 173(8) permits further investigation by the police even after a report has been submitted, but it does not, on its terms, confer a corresponding power on the Magistrate at the intermediate stage after cognizance has been taken and the accused has appeared. The decisions considered did not establish any such power in a subordinate criminal court, and the inherent power saved by Section 482 is that of the High Court, not the Magistrate.

Conclusion: The Magistrate had no power to order further investigation on his own in the circumstances. The impugned order was set aside and the case was directed to be disposed of on the material already on record, leaving open the police power to undertake further investigation independently.

Final Conclusion: The appeal succeeded, and the legal position was settled that a Magistrate cannot, after cognizance and appearance of the accused, suo motu direct further investigation.

Ratio Decidendi: After cognizance has been taken and the accused has appeared, a Magistrate cannot invoke any power to order further investigation on his own; further investigation under Section 173(8) remains a police power, not a subordinate court power.

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