Magistrate's power to order further investigation ends after discharge; post-cognizance suo motu direction is without jurisdiction.

After a Magistrate discharges an accused at the post-cognizance stage, the Magistrate cannot suo motu direct further investigation or require a fresh report. The power to order further investigation is available at the pre-cognizance stage to secure a fair and effective investigation, but it does not extend beyond discharge under Section 227 of the Code of Criminal Procedure, 1973. Further investigation may still be pursued under Section 173(8) at the instance of the investigating agency, which may seek permission and file a supplementary report. The direction for further investigation after discharge was therefore held impermissible and without jurisdiction.

---

---

Issues: Whether, after discharging the accused on consideration of the police report and material under the Code of Criminal Procedure, 1973, the Magistrate could suo motu direct further investigation and require a fresh report.

Analysis: A Magistrate, on receipt of a police report under Section 173(2), may accept the report, disagree with it and drop the proceedings, or direct further investigation at the pre-cognizance stage. The power to order further investigation exists to secure a fair and effective investigation, but the judgment distinguishes that stage from the post-cognizance stage. Once cognizance is taken and the accused is discharged under Section 227, the Magistrate cannot on his own direct further investigation; that course is beyond jurisdiction. Section 173(8) continues to permit further investigation at the instance of the investigating agency, which may seek permission and file a supplementary report.

Conclusion: The order directing further investigation after discharge was impermissible and without jurisdiction, and the accused succeeded.

Final Conclusion: The discharge order could not be accompanied by a suo motu direction for further investigation, though the investigating agency remained free to seek further investigation under the Code.

Ratio Decidendi: After discharge of the accused at the post-cognizance stage, a Magistrate has no power to suo motu order further investigation; such power may be exercised only at the pre-cognizance stage or on an application by the investigating agency under Section 173(8) of the Code of Criminal Procedure, 1973.

---