The proceedings from which this Crl. M.C arises has its genesis in the case registered by the police under Section 174 Cr.P.C. on the death of the wife of the petitioner. In the course of the investigation it was revealed that the petitioner and his mother had subjected the deceased to cruelty and the investigation ended with the filing of a report by the Dy.S.P concerned under Section 173(2) Cr.P.C alleging commission of the offence under Section 498A IPC by the petitioner and his mother, who died subsequently. Learned Magistrate took cognizance of the offence and issued process to the petitioner, who faced trial. After the petitioner was examined under Section 313 Cr.P.C the learned Magistrate passed Annexure-A7 order, the reasons for which are irrelevant. The relevant directions in the order are these:

“The police is directed u/s 156(3) Cr.P.C to conduct a further investigation in the case by invoking their powers u/s.173(8) Cr.P.C.

As the original investigation in the case was conducted by the then ASP Punalur, the further investigation in the case will be entrusted by District Police Chief Kollam (Rural) to any competent officer under his command and control.

The said offi