IMPORTANT POINT
Under section 36 CrPC limits of jurisdiction is not an impediment for directing a senior police officer to conduct investigation.

JUDGMENT :

Ranjan Gogoi, J.

1. Leave granted.

2. The short question that arises for decision in the present appeals is whether the State Police Chief/Director General of Police is empowered to appoint a superior police officer to investigate a crime case registered outside the territorial jurisdiction of such officer.

3. The High Court answered the aforesaid question in the negative giving rise to the present appeals by the State as well as by the complainant in one of the cases (who is also the accused in the other case) at whose instance the appointment was made and authorisation issued by the State Police Chief.

4. Over certain matrimonial disputes between the parties, two police cases i.e. Crime No. 621 of 2011 and Crime No. 637 of 2011 were registered in the Pettah Police Station. The complainant in Crime No. 637 of 2011, who is the accused in Crime No. 621 of 2011, had filed a representation before the State Police Chief for further investigation by a competent/neutral officer. On the said representation, the State Police Chief by an order dated 24.01.2012 directed the District Police Chief of Thiruvananthapuram City that the Assistant Commissioner of Police, Cantonment, Thiruvananthapuram City may be entrusted with further investigation of Crime Nos.621 of 2011 and 637 of 2011 of Pettah Police Station. Pursuant to the above direction of the State Police Chief, one M.G.Haridas, Assistant Commissioner of Police, Cantonment, Thiruvananthapuram City was authorised to conduct further investigation of the two cases and send weekly reports. This was by order dated 12.03.2012 of the Deputy Commissioner of Police (L & O) Thiruvananthapuram City. Thereafter it appears that the specially authorised and entrusted officer filed an application before the learned trial court for further investigation of the two cases which was allowed by the said court on 20.03.2012. The aforesaid order appointing M.G. Haridas, Assistant Commissioner of Police, Cantonment to conduct further investigation of the two cases and the order of the learned trial court dated. 20.03.2012 granting permission for further investigation under Section 173(8) Cr.P.C were assailed before the High Court. The challenge before the High Court was primarily on the ground that the said orders are in excess of the powers vested by Section 36 of the Cr. P.C. and that Section 18 of the Kerala Police Act which vests the administration, supervision, direction and control of the police throughout the State in the State Police Chief cannot override the provisions of Section 36 Cr. P.C.

5. We have heard the learned counsel for the parties and considered the matter.

6. Section 36 of the Cr.P.C. and Section 18(1) of the Police Act are in the following terms :

“36. Powers of superior officers of police :

Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.”

“18. State Police Chief :-

(1) The administration, supervision, direction and control of the Police throughout the State shall, subject to the control of the Government, be vested in an officer designated as the State Police Chief.”

7. Section 36 empowers police officers superior in rank to an officer in charge of a Police Station to exercise the same powers as that of an officer in charge of a police station insofar as the territorial/local area within the jurisdiction of such superior police officers is concerned. Section 18(1) of the State Police Act, on the other hand, vests the administration, supervision, direction and control of the police throughout the State in the State Police Chief. The power under Section 36, on a plain reading thereof, is to be exercised by the District Police Chief who, by virtue of the said section, is empowered to appoint an officer above the rank of an officer in charge of a police station to exercise the same powers as may be exerci