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Issues: Whether, when a supplementary report is filed after further investigation, the Magistrate must consider the original report and the supplementary report together before deciding whether to proceed further.
Analysis: Section 173(8) of the Code of Criminal Procedure, 1973 permits further investigation after a report under Section 173(2) has been forwarded to the Magistrate, and the further report must be treated as part of the record. The two reports are to be read conjointly, and the court must consider the cumulative effect of both reports and the accompanying materials before determining whether grounds exist to proceed against the accused. A Magistrate cannot ignore the supplementary report merely because an earlier report was positive or negative.
Conclusion: The Magistrate is required to consider both the original report and the supplementary report together and then take a considered decision in accordance with law.
Final Conclusion: The proceedings were restored to the Magistrate for reconsideration of both police reports and a fresh decision on whether the accused should be proceeded against.
Ratio Decidendi: A supplementary report submitted after further investigation must be read with the original report, and the Magistrate must decide the matter on the cumulative effect of both reports before taking the next step in the criminal process.