G.Sasidharan, J.

An order made by the Judicial Magistrate of the First Class, Irinjalakuda refusing to give direction for conducting further investigation of the crime by saying that the magistrate has no power to give such direction is under challenge. The petition was filed before the Magistrate by the defacto complainant requesting that further investigation of the crime has to be conducted. The Magistrate took the decision that he has no power for giving direction for conducting further investigation. The question whether in the circumstances of the case it was necessary for giving direction for conducting further investigation of the crime was not considered on merits.

2. The learned Magistrate took cognizance of the offence and it was after that the defacto complainant filed an application for giving direction to the investigating agency to conduct further investigation of the crime. Even though the order does not say that the Magistrate has no power to direct further investigation of a case in which cognizance of the offence was taken by the Magistrate what has to be understood from a reading of the order is that the dismissal of the application for giving directio