Further police report after supplementary investigation can support cognizance when it contains fresh material showing an offence.

Section 173(8) of the Code permits further investigation after a police report under Section 173(2), including submission of a supplementary report to the Magistrate. If that further investigation produces fresh material showing commission of an offence, the Magistrate may consider the new report and take cognizance when satisfied that the material warrants it. The rule against a second complaint on the same facts does not bar cognizance on a later report founded on additional evidence discovered during further investigation. In such circumstances, the later report is legally distinct from an impermissible complaint.

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Issues: Whether a Magistrate can take cognizance on a further police report after acceptance of an earlier final report, and whether such action amounts to an impermissible second complaint on the same facts.

Analysis: Section 173(8) of the Code expressly permits further investigation after submission of a report under Section 173(2), and contemplates forwarding of a supplementary report to the Magistrate. Where further investigation yields fresh material showing commission of an offence, the Magistrate is competent to consider the new report and take cognizance if satisfied. The rule against entertaining a second complaint on the same facts does not bar such a course, because the later report is founded on additional material discovered on further investigation. The authorities relied upon by the respondents do not prevent cognizance in such circumstances.

Conclusion: The Magistrate's cognizance on the basis of the further report was valid and the High Court was wrong in setting it aside.

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