ORDER :

1. Is it mandatory for the investigating agency or officer to seek and obtain permission of the trial court for conducting further investigation under Section 173(8) of the Code of Criminal Procedure, 1973 (for short 'the Code'), after filing final report under Section 173(2) of the Code? This is the core question that arises for consideration in the present case.

2. A case was registered by the Vigilance and Anti-Corruption Bureau (VACB), Special Cell, Thiruvananthapuram as V.C.No.2/2004/SCT alleging commission of corrupt practices in relation to purchase of medicines in the Medical College Hospital, Thiruvananthapuram for the year 2003-2004. After completing the investigation, final report was filed in the Court of the Enquiry Commissioner and Special Judge, Thiruvananthapuram against the respondents for the offences under Sections 13(1)(d) and 15 of the Prevention of Corruption Act, 1988 and also under Section 120B I.P.C.

3. The court below took cognizance of the offences on the basis of the final report. The applications for discharge filed by some of the accused under Section 239 of the Code were dismissed by the trial court.

4. The second accused made a petition to the