SHANTILAL JETHALAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The learned Special judge, Bharuch, by his order dated 22.10.1996, while refusing to grant 'B' summary, has taken cognizance of Sec. 191(b) of CrPC read with Sec. 5 of the Prevention of Corruptions' Act, 1988. The learned Judge has also directed for further investigation of the case in exercise of powers under Sec. 156(3) read with Sec. 173(8)-CrPC.

(2.) It is contended by the learned counsel that the learned Judge, once having taken cognizance, could not invoke the pavers under Sec. 156(3) CrPC or under Sec. 173 (8), directing the further investigation. Mr. M.R. Shah, learned counsel place reliance on the decision of 1997 SCC (Cri.) 88 (Central Bureau of Investigation vs. Rajesh Gandhi). It is held in the said case that the Magistrate of his own cannot order further investigation afterhaving taken cognizance of the offence.

(3.) Mr. B.P. Munshi, learned counsel for the respondent-No. 2 submits that, from the reading of the impugned order, it does not appear that, prior to giving direction for further investigation, the cognizance has been taken. He further submits that, in the matter of investigations, the accused has no say. He further relies on the decision of the Apex Court reported in 1997 (1) Crimes 58 (SC) (Randhir Singh Rana vs. The State being The Delhi Administration).