But a Magistrate orders investigation under Chapter XII,



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But that does not mean that when a Magistrate orders an investigation under Section 156 (3), it would be a different kind of investigation. Such investigation must also end up only with the report contemplated in Section 173 of the Code. But the significant point to be noted is that when a Magistrate orders investigation under Chapter XII, he does so before he takes cognizance of the offence. But if he propose to take the cognizance of the offence, then he need not order any such investigation under Chapter XII but instead follow the procedure envisaged in Chapter XV of the Code.

A reading of Section 202 (1) makes the position clear that the investigation referred to therein is of limited nature. The Magistrate can direct such investigation be made either by a, police officer or by any other person. Such investigations only for helping the Magistrate to decide whether or not there is sufficient ground for him to proceed further in the case.

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