Kemal Pasha, J.

1. This matter has come up in reference by a learned Single Judge of this Court. The questions referred are:

(1) Whether the Public Prosecutor himself has the right or authority to file a petition under Section 173(8) of the Cr. PC. seeking further investigation, on the basis of the materials on record without the request of the investigating officer?

(2) Is such a petition under Section 173 (8) of Cr. P.C. filed by the Public Prosecutor himself maintainable?

2. According to the learned Single Judge, there are divergent views in the matter as expressed by two other learned Single Judges of this Court. In order dated 16.06.2009 in Crl.R.P. No.968/2009, a learned Single Judge of this Court held that there is no embargo on the right of the Public Prosecutor to file a petition seeking further investigation under Section 173(8) Cr. P.C. In that particular case, the said court ordered a further investigation under Section 173(8) Cr. P.C. on such an application filed by the Public Prosecutor. In Crl.R.P. No.968/2009, it was held that the learned Sessions Judge has not committed any jurisdictional error in entertaining and approving the said application filed by t