Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | officer-in-charge of the police station Criminal Investigation Department |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - s. 173 - State ofBihar - Criminal Investigation Department (CID) - WhetherInspector of C.l.D. can be treated in law as officer-in-chargeof the police station for purpose of submitting the reportcontemplated uls. 173(2) - Held: r.431 (b) envisages that anInspector of C.l.D. can exercise the power of an officer-in-charge of a police station - Once it is held that the Inspectorof C.l.D. can exercise the power of an officer-in-charge of apolice station, its' natural corollary is that the Inspector of C.l.D.is competent to submit the report as contemplated uls. 173 -The case in hand is not one of those cases where officer-in- charge of the police station had deputed the Inspector of C.l.D.to conduct some steps necessary during the course ofinvestigation - Rather the investigation itself was entrusted tothe Inspector of C.l.D. by the order of the Director General of Police - In such circumstances, it shall not be necessary for the officer-in-charge of the police station to submit the report u/s. 173(2) - The formation of an opinion as to whether or not there is a case to forward the accused for trial shall alwaysbe with the officer-in-charge of the police station or the officers superior in rank to them, but in a case investigated by the Inspector of C.l.D., all these powers have to be performed by the Inspector himself or the officer superior to him - In the case in hand, the case was transferred to the C.l.D. and it was entrusted for investigation by an Inspector of C.l.D., who possesses a rank superior to an officer-in-charge of the police station as per r.431 (b) and, therefore, competent to form opinion in terms of s. 173(2), subject of course to the power ofsuperior officer - Bihar Police Manual - r.431(b) - Police Act,1861 - ss. 7 and 12 |
Judge | Hon'ble Mr. Justice C.K. Prasad |
Neutral Citation | 2013 INSC 732 |
Petitioner | State Of Bihar & Anr. |
Respondent | Lalu Singh |
SCR | [2013] 10 S.C.R. 552 |
Judgement Date | 2013-10-29 |
Case Number | 1883 |
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