Shivakant Prasad, J. - (1.) Petitioner has assailed the Charge Sheet No. 49 of 2016, dated 29.7.2016 under Sections 341/325/506 IPC and order dated 04.5.2017 passed by the learned Additional Chief Judicial Magistrate, Bidhannagar, North 24-Parganas in G.R. No. 463 of 2016 arising out of Bidhannagar (E) Police Station Case No. 48 of 2016 dated 03.6.2016 under Sections 341/325/506/34 IPC.
(2.) Question which falls for consideration in this case is whether after taking cognizance on charge sheet, Judicial Magistrate can order further investigation under Section 173(8) of the Criminal Procedure Code.
(3.) Factual matrix leading to the case is that the petitioner as the complainant filed an FIR with the allegation that on 26.5.2016 while petitioner was going with his driver namely Chapa Oraon to meet with his share broker, he was restrained by the respondent no. 2 and one Rabindranath Bhattacherjee and Ramkrishna Ghosh with two other unknown persons jointly assaulted the petitioner in order to settle their personal grudge against him as a result he suffered injury and was shifted to Salt Lake Sub-Divisional Hospital and then to Emergency Ward of NRS Medical College & Hospital for his treatment who was advised for admission to the Hospital after preliminary treatment.;