In Brief
An accused was discharged by a Magistrate at the cognizance stage, but the same order also directed the investigating officer to conduct further investigation. The accused challenged this in the High Court, which upheld the order. The Supreme Court held that once a Magistrate discharges an accused after taking cognizance, the Magistrate has no jurisdiction to suo moto order further investigation. Such powers are available only at the pre-cognizance stage. However, the investigating officer may apply for further investigation under Section 173(8), which the Magistrate can then consider on its merits.
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