Criminal Procedure Code 1973, Section 173(8) and Section 227

Criminal Procedure Code, 1973—Section 173(8) and Section 227—Power of Magistrate to order further investigation when the accused has been discharged by him—Held, once the order of discharge is passed, thereafter the Magistrate has no jurisdiction to suo moto direct the investigating officer for further investigation and submit the report. In such a situation, only two remedies are available: (i) a revision application can be filed against the discharge or (ii) the Court has to wait till the stage of Section 319 of the Cr.PC—However, at the same time, considering the provisions of Section 173(8) of the Cr.PC, it is always open for the investigating agency to file an application for further investigation and thereafter to submit the fresh report and the Court may, on the application submitted by the investigating agency, permit further investigation and permit the investigating officer to file a fresh report and the same may be considered by the learned Magistrate thereafter in accordance with law. 

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