A nice question of law has arisen for consideration in this petition “Whether a police officer exercising his power under Section 36 of Cr.P.C. while taking out the investigation of a case from an officer in charge of police station, can transfer the investigation to another police officer inferior to him?”

2. The fact is:

The forth respondent herein filed a private complaint before the jurisdictional Magistrate under Section 200 r/w. Section 190 of Cr.P.C. in respect of the offences punishable under Sections 403, 406, 409, 420, 464, 468, 471, 477A, 385 and 120B of IPC and the learned Magistrate acting under Section 156(3) of Criminal Procedure Code (hereinafter referred to as ‘the Code’) referred the matter for investigation, vide order dated 01.10.2014 to the first respondent police and the case is registered in crime No.447/2014 on 11.10.2014.

3. It appears that on a representation made by the wife of the complainant, the Commissioner of Police/first respondent transferred the investigation to the Central Crime Branch. On the first respondent’s representation to the Court seeking permission to transfer the investigation, the accused persons have approached this Court.

4. Sri Ar