Further investigation after cognizance is not automatic; Magistrate cannot order it on complainant's application once proceedings have advanced.

Further investigation under Section 173(8) CrPC ordinarily remains within the investigating agency's domain, and once cognizance has been taken, process issued, and the accused has appeared, the Magistrate cannot direct further investigation on the complainant's or informant's application. The trial court had already examined the charge-sheets, witness statements and seizure material, found further investigation unnecessary, and noted that additional charges could still be framed if evidence warranted. The High Court's interference was unjustified because it did not displace that reasoning and treated earlier liberty to approach the trial court as an automatic basis for further investigation. The order directing further investigation was set aside.

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Issues: Whether, after cognizance has been taken and charges have been framed, the Magistrate can direct further investigation on an application filed by the complainant or informant, and whether the High Court was justified in interfering with the trial court's refusal to order such investigation.

Analysis: The governing principle is that further investigation under Section 173(8) of the Code of Criminal Procedure is ordinarily within the domain of the investigating agency. Once cognizance has been taken, process has been issued, and the accused has appeared, the Magistrate cannot, either suo motu or on an application by the complainant or informant, direct further investigation. The Court also noted that the trial court had already considered the material, including the charge-sheets, witness statements, and seizure, and had recorded reasons why further investigation was unnecessary, while leaving open the possibility of framing additional charges if evidence so warranted. The High Court did not examine or overturn that reasoning and relied only on the earlier liberty to approach the trial court, which was not an automatic mandate for further investigation.

Conclusion: The direction for further investigation was unjustified, and the trial court's refusal was ; the High Court's interference was set aside.

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