To ensure a fair probe, the director-general of police of a state is empowered to appoint a superior police officer to investigate a crime case registered outside the territorial jurisdiction of such an officer, the Supreme Court has held.
Giving this ruling, a bench of Justices Ranjan Gogoi and Prafulla C. Pant said: “The power under Section 36 of the CrPC is to be exercised by the district police chief, who 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 exercised by an officer in charge of the police station. This is, however, subject to the condition that such a superior officer would be competent to exercise powers within the territorial/local limits of his jurisdiction.”
The bench said: “We do not see how Section 36 of CrPC in any way can debar the exercise of powers by the state police chief to appoint any superior officer who, in his opinion, would be competent and fit to investigate a particular case keeping in view the circumstances thereof. Section 36 of CrPC does not fetter the jurisdiction of the state police chief to pass such an order based on his satisfaction.”
