Further investigation is distinct from re-investigation and need not fail for lack of express prior magistrate permission.

Further investigation after filing of a police report is distinct from re-investigation and remains permissible under the criminal procedure scheme. A superior investigating officer may exercise the same powers as an officer in charge of a police station within the local area, and the absence of an express prior magistrate order does not by itself invalidate the subsequent investigation where the court has been informed and no legal bar exists. On that basis, the text states that the later investigation was not void, the quashing of the prosecution was erroneous, and the criminal proceedings were restored.

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Issues: Whether further investigation by the police, including by a superior investigating authority, without express prior permission of the Magistrate, was invalid and whether the High Court was justified in quashing the prosecution on that basis.

Analysis: The statutory scheme recognises a distinction between further investigation and re-investigation. Further investigation after filing of a police report is permissible, and a superior police officer may exercise the same powers as an officer in charge of a police station within the local area. The absence of an express order granting permission to proceed did not invalidate the subsequent investigation in the facts of the case, particularly when the court had been informed and the further proceedings were allowed to continue. The authorities relied upon by the respondent concerned different factual situations and did not govern the present case.

Conclusion: The further investigation was not illegal, and the High Court erred in quashing the criminal proceedings.

Final Conclusion: The prosecution was restored and the appeal succeeded because the second investigation could not be treated as void for want of express prior magistrate permission.

Ratio Decidendi: Further investigation under the criminal procedure law is distinct from re-investigation and may be undertaken by the police, including a superior officer, without express prior permission of the Magistrate when the court is informed and no legal bar exists.

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