Further investigation after cognizance cannot be directed by a Magistrate on the informant's application once the accused appears.

Section 173(8) of the Code of Criminal Procedure preserves the investigating agency's power to conduct further investigation and file a supplementary report, but that power is distinct from the Magistrate's powers under Sections 156(3), 190 and 202. A Magistrate may order investigation at the pre-cognizance stage, and Section 202 permits an inquiry-linked investigation only to determine whether there is sufficient ground to proceed. Once cognizance has been taken on a police report, process issued, and the accused has appeared, the Magistrate cannot, either on his own or on the informant's application, direct further investigation under Section 173(8). The order refusing to treat such a direction as valid was upheld.

---

---

Issues: Whether, after cognizance has been taken on a police report and the accused has appeared in response to process, the Magistrate can direct further investigation under Section 173(8) of the Code of Criminal Procedure, 1973 on the application of the informant.

Analysis: Section 173(8) preserves the power of the investigating agency to conduct further investigation after forwarding the police report and to submit a supplementary report. The scheme of the Code distinguishes that power from the Magistrate's powers under Sections 156(3), 190 and 202. The Magistrate may direct investigation at the pre-cognizance stage, and Section 202 permits an inquiry-linked investigation to decide whether there is sufficient ground for proceeding, but that is not the same as further investigation under Section 173(8). Once cognizance is taken, process is issued, and the accused appears, the Magistrate cannot, either suo motu or on the informant's application, direct further investigation; that course is open only to the investigating agency where fresh material so warrants.

Conclusion: The Magistrate lacked jurisdiction to order further investigation on the informant's application after cognizance and appearance of the accused; the impugned order setting aside that direction was upheld.

---