ORDER :

1. Leave granted.

2. The state is in appeal against an order of the Orissa High Court which, inter alia, records as below:

"I am, therefore, of the view that reopening the investigation by examining those witnesses who were examined or available to be examined at the time of earlier investigation and recording their statements almost five and half years after the final form was submitted do not appear to be bonafide and further investigation on the basis of statements of witnesses available to be examined during earlier investigation amounts to abuse of process of court and exercise of power not intended to be exercised under Section 173(8) of the Code. The scope of Section 173(8) of the Code cannot be stretched to that extent. Having observed that further investigation by the crime branch by way of examining these witnesses is not bonafide, I quash further investigation on that ground. However, it shall be open for the investigating agency to make further investigation in terms of Section 173(8) of the Code on the basis of such materials which were not available at that time of earlier investigation or not within the knowledge of the investigating agency."

3. Mr. Das, learned