IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39958 of 2009 SUNDRIKA PRASAD @ SUNDRIKA SINGH, SON OF LATE AWADH BIHARI PRASAD, RESIDENT OF VILLAGE SIMARI, P.S. SIMARI, DISTRICT BUXAR. --- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, BUXAR, DISTRICT BUXAR. --- OPPOSITE PARTIES ----------- 2 1.2.2010 The petitioner is aggrieved with the order dated 21.11.2008, passed by the Incharge Chief Judicial Magistrate, Buxar in Buxar (Town) P.S. Case No. 270/99 giving rise to G.R. No. 1417/99 by which the Court allowed the petition filed by the Investigating Officer of the case under Section 173(8) of the Cr.P.C. Learned counsel for the petitioner submits that the order impugned suffers from a defect inasmuch as it has allowed the Investigating Officer to start fresh investigation. The language of Section 173(8) envisages that “Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub- section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub-section (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2).” Obviously this would mean that the Court can at the most order for re-investigation and not for a fresh investigation. In view of the aforesaid fact, the order dated 21.11.2008, passed by the Incharge Chief Judicial Magistrate, Buxar in Buxar (Town) P.S. Case No. 270/99 giving rise to G.R. 2 No. 1417/99 is set aside in order to enable the Chief Judicial Magistrate, Buxar to pass a fresh order in this matter keeping in view of provisions of Section 173(8) of the Cr.P.C. This application is allowed. Sanjay (Sheema Ali Khan, J.)