IMPORTANT POINT
An additional charge-sheet can be filed by a police officer.

JUDGMENT

M. B. Shah. J. - The petitioner was working as an accountant in Dharamsinh Desai Foundation since 1971. Against him one Vitbalbhai S. Patel filed a complaint before the Chief Judicial Magistrate. Nadiad. The Chief Judicial Magistrate passed an order under section 156 (3) of the Criminal Procedure Code for investigation by the Police. In the complaint it was alleged that the petitioner had, committed an offence punishable under section 408 of the Indian Penal Code as he had misappropriated the amount alleged in the complaint. The investigating officer submitted the charge-sheet on 18.1.83 for the offence punishable under section 408 of the. Indian Penal Code, Thereafter the case was registered as Criminal Case No. 350/83. It is the say of the petitioner that his plea was recorded and some evidence was also taken by the learned Magistrate.

2. Thereafter an application Ex. 31 was filed on behalf of the prosecution contending that investigating officer had not seized certain important documents and that it was necessary that investigating officer may be directed to make further investigation in the matter and should be directed to submit further chargesheet in the interest of justice and till then further proceedings in the matter may be stayed. This application was resisted by the petitioner-accused. It was contended by him that on behalf of the prosecution the complainant is examined and he has produced certain documents on record. He further submitted that by granting the application filed by the prosecution, the accused would be prejudiced. After considering the fact that the -investigating officer has not recorded the statements of the important witnesses and that important documents were not seized the learned Chief Judicial Magistrate ordered on 1.10.84 that investigating officer should make further investigation and submit his further report.

3. Against the said judgment and order, the petitioner has filed this revision application. In this revision application it was vehemently contended by the petitioner that once the Court had taken cognizance of the matter, the Court has no jurisdiction to direct the investigating officer to make further investigation in the matter and make further report or charge-sheet.

4. In my view, the said contention of the learned advocate is without any substance because under section 173(8) of the Criminal Procedure Code it has been made clear that after a report under sub-section (2) of section 173 is forwarded to the Magistrate, it would not preclude further investigation in respect of an offence for which a report is already submitted. The said sub-section empowers the investigating officer to obtain further evidence oral or documentary, and, it further requires that be shall forward a further report or reports regarding such evidence in the form prescribed under the provisions of sub sections (2) to (6) as they apply in relation to a report forwarded under sub-section (2). In Special Criminal Application No. 293/84 decided by me on 21st August, 1984 I have taken the view that even after taking cognizance of the matter the Court is entitled to direct the investigating officer to make further investigating in the case. In the case of Ram Lal Narang v. State (Delhi Admn.)1, the Supreme Court has held that notwithstanding that a Magistrate had taken cognizance of the offence upon a police report submitted under section 173 of the Code (old), the right of the police to further investigation is not exhausted and the police can exercise such right as often as necessary when fresh information comes to light. The right to further investigation is specifically given by sub section (8) of section 173 of the Criminal Procedure, Code. The Court has taken into consideration 41st report of the Law 'Commission with regard to this aspect which is reproduced as under :

"14.23. A report under section 173 is normally the end of the investigation. Sometimes, however, the police officer after submittin