THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12569 OF 2010 DATED 1st FEBRUARY, 2011. BETWEEN : Dr.Kusuma Vittal .. Petitioner and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12569 OF 2010 ORDER: Petitioner, who is the de facto complainant in crime No.1 of 2009 of Central Crime Station, Hyderabad, approaches this Court alleging that on the basis of the complaint lodged by her the investigation agency concluded the investigation and filed the final report before the concerned Court whereas on filing of such final report, the learned Magistrate returned the charge sheet directing the respondent-Police to file various documents. Even after complying with the said direction, the learned Magistrate now ordered the investigation officer to obtain the signature of the accused and send the same for FSL report and to file the final report after obtaining the same. Heard. Learned counsel for the petitioner submitted that on the basis of the investigation once charge is filed, the learned Magistrate has no power under the Code of Criminal Procedure to direct the investigation officer to proceed in a particular manner and to order for collection of further materials. In the Code of Criminal Procedure it is very clearly stated that if on the basis of the material collected a final report is filed, it is the duty of the Magistrate to consider the material placed before the Court and to take cognisance if the material discloses an offence to be proceeded further or the Magistrate can order for further investigation. But, at the same time, the Magistrate has no power to direct the investigation agency to proceed in a particular manner and collect some more material for the purpose of taking cognisance. Since because number of times the final report is returned by the Magistrate, now the respondent-Police are also not filing the same before the concerned Court. Hence, this Court is of the view that necessary direction can be given to the investigation officer as well as to the concerned Magistrate. Accordingly, the investigation agency is directed to file the final report along with materials collected under Section 173 (2) Cr.P.C. and the learned Magistrate shall proceed further with the materials filed by the investigation agency. With above direction, the Criminal Petition is disposed of. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 01.02.2011 sur