IMPORTANT POINT
After taking cognizance Magistrate will have no power to suo motu direct further investigation.

JUDGMENT :

M.R. SHAH, J.

1. Leave granted.

2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 20.08.2014 passed by the High Court of Delhi in Criminal M.C. No. 3386 of 2013 by which the High Court has dismissed the said petition and has confirmed the order passed by the learned Additional Chief Metropolitan Magistrate (West) Delhi dated 05.02.2013, by which the learned Magistrate ordered further investigation, the original accused has preferred the present appeal.

3. That the FIR was lodged against the appellant herein-original accused on 28.09.2007 being FIR No. 426/2007 at Police Station Janakpuri, Delhi for the offences under Sections 420, 468 and 471 of the IPC. That on completion of the investigation, the investigating officer filed the chargesheet against the accused-appellant for the offences under Sections 420, 468 and 471 of the IPC. That at the time of framing of the charge and considering the chargesheet papers, the learned Magistrate discharged the appellant-original accused vide order dated 05.02.2013. However, while discharging the accused and/or after the accused was discharged, in the same order, the learned Magistrate directed the Additional Commissioner of Police (West) Delhi to make appreciation of quality of the investigation done in the case and to analyse the process of efficacy of sending any charge sheet before the prosecution branch for the purpose of scrutiny. Learned Magistrate also observed and directed that the case requires further investigation to reach a logical conclusion and the same be done responsibly and the report be filed on 11.04.2012 (sic).

3.1 Feeling aggrieved and dissatisfied with that part of the order passed by the learned Magistrate dated 05.02.2013 by which the learned Magistrate directed further investigation and to submit the report, the appellant-original accused approached the High Court by way of Criminal Miscellaneous Case No. 3386 of 2013. In the meantime, following the directions issued by the learned Magistrate vide order dated 05.02.2013, the District Investigating Unit, West District, Police Post MIG Flats, J-Block, Rajouri Garden, New Delhi issued summons dated 22.04.2013 under Section 160 of the CrPC. The appellant also challenged the said notice/summon issued under Section 160 of the CrPC. Basically, the appellant herein challenged that part of the order dated 05.02.2013 passed by the learned Magistrate, by which the learned Magistrate observed and directed further investigation and also directed the investigating officer to submit the report. That by the impugned judgment and order, the High Court has dismissed the said petition and has refused to interfere with the order dated 05.02.2013 passed by the learned Magistrate directing further investigation by observing that the investigation was a faulty investigation and/or no proper investigation was carried out on certain aspects and, therefore, the learned Magistrate was justified in inquiring further investigation to reach to a logical conclusion. Consequently, the High Court has dismissed the said petition. Hence, the appellant-original accused is before this Court.

4. Mr. Mrinal Kanti Mandal, learned Advocate appearing on behalf of the appellant-original accused, has vehemently submitted that, in the facts and circumstances of the case, the High Court has committed a grave error in confirming the order dated 05.02.2013 passed by the learned Magistrate for further investigation.

4.1 Learned counsel appearing on behalf of the appellant-original accused has vehemently submitted that the High Court has not properly appreciated the fact that after the accused was discharged by the learned Magistrate, thereafter he has no jurisdiction to pass any order for further investigation under Section 173(8) of the CrPC.

4.2 It is further submitted by the learned counsel appearing on behalf of the appellant-original accused that once the accused is discharged by the learned Magistrate after considering the