ISSUE:
Whether Magistrate has the power to order a further investigation after filing of charge sheet by police and if yes, up to what stage of criminal proceedings?
Whether the Magistrate is authorized under Section 173(8) to order a further investigation after a police report has been forwarded to him?
RULE:
It would be in the interest of justice that this power be exercised suo motu by the Magistrate himself, depending on the facts of each case. Whether further investigation should or should not be ordered is within the discretion of the learned Magistrate who will exercise such discretion on the facts of each case and in accordance with law. If, for example, fresh facts come to light which would lead to inculpating or exculpating certain persons, arriving at the truth and doing substantial justice in a criminal case are more important than avoiding further delay being caused in concluding the criminal proceeding.