Judgment :

Dr. Arijit Pasayat, J.

Leave granted.

A very short point of is involved in this petition. The question is whether the court can direct that the Investigating agency has to focus on any particular offence and do the investigation accordingly. In the instant case by order dated 9.7.2007 the learned Metropolitan Magistrate, Patialia House directed the Investigating Officer to add Section 307 in the present case and investigate the matter properly. The said order was challenged before the High Court in Criminal M.C. No. 428/2008. The High Court held that the course adopted by the learned Metropolitan Magistrate was permissible in law.

Learned counsel for the appellant submitted that the view taken by the High Court is contrary to the law as settled by this court in a series of cases. Learned counsel for the State submitted that the law in the point has been settled by a series of decision starting from State of Bihar and Anr. Vs. J.A.C.Saldanha and Ors. 1980 (1) SCC 554 Para 10 S.M.Sharma Vs. Bipen Kumar Tiwari 1970 (3) SCR 946 Para 12 Abhinandan Jha & Ors. Vs. Dinesh Mishra (AIR 1968 SC 117) Para 16 King Emperor Vs. Khwaja Nazir Ahmad 1944 LR IA 203 Para 11; and One of the l