KHALID ALIAS GUDDU Vs. FAHAD

JUDGEMENT

(1.) -Heard learned counsel for the applicants and the learned A.G.A.

(2.) THIS application has been filed for setting aside an order dated 25.1.2008, passed by the A.C.J.M. Court No. 10, Azamgarh, in Case No. 3352 of 2007 State v. Khalid and others, under Sections 147, 148, 149 and 307, I.P.C. whereby the learned Sessions Judge has rejected the two applications of the applicants dated 21.1.08 praying that the order taking cognizance be recalled and that the pellets be taken out from the body of the injured Fahad and the matter sent to the ballistic expert for his opinion and that further investigation be done.

(3.) IN the case of Hemant Dhasmana v. Central Bureau of INvestigation and another, 2001 Cr LJ 4190 : 2001 (3) ACR 1992 (SC), the Apex Court has considered the wide amplitude of the powers under Section 173 (8), Cr. P.C. of the police to further investigate a case on its own volition or after obtaining a direction from the Magistrate, as any further investigation only serves the ends of justice. The INvestigating Officer is free to consider the earlier material or to look at fresh material. It would be useful in this connection to extract paragraph 16 of Hemant Dhasmana case which reads as follows :