ORDER

Hansaria, J.

1. A peep into a little grey area of the criminal law has become necessary in this appeal, as we have been called upon to decide as to whether a Judicial Magistrate, after taking cognizance of an offence on the basis of a police report and after appearance 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 charge-sheet is no longer a debatable question in view of sub-section (8) of section 173 (in Chapter XII : Information to Police and their Powers to Investigate) of the Code of Criminal Procedure, 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 Provisions as to Enquiries and Trials), the Court may at any stage of an inquiry, trial or other proceedings under the Code summon any peison as a witness if his ev