TaxTMI 
TaxTMI 
1996 (12) TMI 415
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....e of the accused in pursuance of the process issued, can order of his own further investigation in the case. That such a power is available to police after submission of chargesheet is no longer debatable question in view of Sub-section (8) of Section 173 (in Chapter XII : Information to Police and their Powers to Investigate) of the CrPC, 1973 (hereinafter referred to as 'the Code'). It is also not in dispute that before taking of cognizance under Section 190 (Part of Chapter XIV : Conditions Requisite for Initiation of Proceedings), the Magistrate may himself order investigation, as contemplated by Sub-section (3) of Section 156 of the Code. Further, in exercise of power under Section 311 finding place in Chapter XXIV (General Pro....
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....aching on the sphere of police. As in the present case the direction is not to file charge-sheet, what was stated by the two-Judge Bench has no direct application and cannot assist the appellant. 4. Shri Vasdev has, however, strongly pressed into service the summing up of law as to the powers of the Magistrate relating to ordering of investigation before and after taking cognizance as finding place in para 15 of Tula Ram v. Kishor Singh 1978CriLJ8 , in which Fazal Ali, J. speaking for a two-Judge Bench culled out the following legal proposition in this regard: 1. That a Magistrate can order investigation under Section 156(3) only at the pre-cognizance stage, that is to say, before taking cognizance under Sections 190 200 and 204....
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....d or apply his mind to the complaint filed before him and take action under Section 190 as described above. The aforesaid does show that after cognizance has been taken and accused has made appearance pursuant to the process issued against him, the Magistrate was not conceded the power to order investigation. It may, however, be added that the point under consideration had not come up for direct examination in Tula Ram. 5. The decision in Ram Lal Narang v. State (Delhi Administration) 1979CriLJ1346 , has laid down that despite a Magistrate taking cognizance of an offence upon a police report, the right of police to further investigate even under the old 1898 Code was not exhaustive and the police could exercise such right often as nec....
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....ons have saved the inherent power of the High Court only; it is doubtful whether the said power can be said to inhere in subordinate criminal courts also. 6. Shri Vasdev took pains, and great pains at that, to contend that the Code has compartementalised the powers to be exercised at different stages of a case, namely, at the time of cognizances, after cognizance is taken, after appearance of the accused, and after commencement of trial on charge being framed. Learned Counsel urged, on the basis of decided cases of this Court, that the power of further investigation undoubtedly exists in the first stage, may exist at the second and Section 311 permits to examine any witness during the course of trial. But at the third (intermediate) stag....
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.... by the Magistrate before he takes cognizance of the offence under Section 190(1)(a). But if he once takes such cognizance and embarks upon the procedure embodied in Chapter XV, he is not competent to switch back to the pre-cognizance stage and avail of Section 156(3). It may be noted further that an order made under Sub-section (3) of Section 156, is in the nature of a peremptory reminder or intimation to the police to exercise their plenary powers of investigation under Section 156(1). Such an investigation embraces the entire continuous process which begins with the collection of evidence under Section 156 and ends with a report or charge-sheet under Section 173. On the other hand, Section 202 comes in at a stage when some evidence has b....