It is clear that under section 173(8) police has the power to conduct further invesigation even after the police report is submitted and the magistrate has taken cognizance.
It is also clear that the magistrate cannot direct investigation under Section 156(3) once cognizance has been taken.
The issue is whether the magistrate can direct further investigation u/s 173(8) once he has taken cognizance on the basis of the police report?
There seems to be a conflict on this point. Randhir Singh Rana v. Delhi Admn. 1997 AIR SC 639 says that such direction cannot be issued but it seems that the same has been overruled to a certain extent by Vinay Tyagi v. Irshad Ali 2013(4) SCC(Cri) 557. Anyone having any insight in the issue?
