JUDGMENT

CHANDRAMAULI KR. PRASAD, J.

While dismissing the Writ Petition, the High Court has made observations which have far reaching consequences and accordingly the State of Bihar, aggrieved by the same has preferred this Special Leave Petition. The observations made read as follows:

“I have no doubt in taking this view that under Section 36 of the Code of Criminal Procedure, the higher police officials have got same powers as available to the officer-in-charge of a police station under them but the power is available only with respect to supervising the investigation or participating into the investigation to some extent but under section 173(2) of the Code of Criminal Procedure, the final view over the investigation of a case with regard to filing charge sheet or final form has to be taken by the concerned officer-in-charge only and he only has the authority to file the charge sheet in the case”

While doing so, however, the High Court has not quashed the report submitted by the Inspector of the Criminal Investigation Department of the State Government.

It is the aforesaid observation, which is the subject matter of this special leave petition.

Leave granted.

Facts lie in a narrow com