The Supreme Court has held that a Trial Court cannot take cognizance of additional offences not mentioned in the chargesheet solely on the basis of affidavits filed by private witnesses, without relying on the investigation record or ordering further investigation. After this, on repeated applications by the complainant, the Trial Court eventually took cognizance of Section 394, relying only on affidavits of witnesses. The Supreme Court said that the Trial Court was required to call upon the Police to produce the entire case diary recording the complete statements of all the witnesses. Then obviously, the Trial Court was required to call upon the Police to produce the entire case diary recording the complete statements of all the witnesses. The Court directed the Trial Court to summon the entire police case diary under Section 172 Cr.P.C.