JUDGMENT :

S.K. Sahoo, J.

An important and interesting question that arises for decision in this case is as follows:-

“Whether the Magistrate after taking cognizance of offences on the basis of chargesheet submitted by police can direct further investigation of the case at the instance of a de facto complainant?”

The petitioner Smt. Nandita Sethi @ Behera who is the wife of opposite party no.2 Sadananda Behera is an accused in Bhadrak Rural P.S. Case No.367 of 2013 in which charge sheet was submitted against her for commission of offences punishable under sections 468 and 471 of the Indian Penal Code which corresponds to G.R. Case No.1917 of 2013 pending in the Court of learned S.D.J.M., Bhadrak.

The petitioner has challenged the impugned order dated 04.05.2016 passed by the learned S.D.J.M., Bhadrak in allowing the petition filed by the opposite party no.2 Sadananda Behera for further investigation of the case under section 173(8) of Cr.P.C.

2. On 25.09.2013 on the First Information Report submitted by one Brajakishore Das, ASI of Police, Bhadrak Rural Police Station before the Inspector in Charge, Bhadrak Rural Police Station, the case was instituted. It is stated in the F.I.R. that wh