Koshy, J.

Whether a Magistrate is competent to order further investigation after taking cognizance of the offence on the basis of police report filed under section 173(2) of the Code of Criminal Procedure (hereinafter referred to as (Cr. P.C.) and after appearance of the accused in pursuance of the summons issued? That is the only question to be decided in this criminal revision petition.

2. A learned Single Judge of this Court (Mr.T.M.Hassan Pillai,J.) decided the above question in the negative in Natarajan v. Sasidharan (2002 (1) KLT 1499). Reliance was placed by the learned Judge on the judgment of the Apex Court in Randhir Singh Rana v. State (Delhi Administration) (AIR 1997 SC 639). When this revision petition came up for hearing before the same Judge, a subsequent decision pronounced by another learned Single (Mr.G.Sasidharan, J.) in Joisy v. Sub Inspector of Police (2002 (3) KLT 172) was cited. In the above judgment relying the decision of the Apex Court in Sri.Bhagwan Samardha Sreepada Vallabha Venkata Vishwandadha Maharaj v. State of Andhra Pradesh and others (AIR 1999 SC 2332), the learned Single Judge answered the question in the affirmative. Noticing the cont