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N.K.Assumi (Advocate)     16 December 2009

is it competent for the State to diret further investigation

Is it competent for the Chief Minister,Chief secretary or the Home Secretary of the State Government to direct Police to conduct further investigation, after filling charge sheet by the Investigating officer under section 173 (2) CrPc?



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 10 Replies

Anish goyal (Advocate)     16 December 2009

Sir state government is empowered to do so by reading section 36 of crpc with section 3 of police act. I m reproducing section 3 for reference "3. Superintendence in the State Government.--The superintendence of the police throughout a general police-district shall vest in and shall be exercised by the State Government to which such district is subordinate; and except as authorized under the provisions of this Act, no person, officer, or Court shall be empowered by the State Government to supersede, or control any police functionary."

N.K.Assumi (Advocate)     16 December 2009

Anil, do you mean that Superintendence of Police under the Police Act, by the State also include superintendece of investigation of crime by the Police under the CrPC?

Anish goyal (Advocate)     16 December 2009

Sir please my name is anish not anil. Yes i do mean the same.

N.K.Assumi (Advocate)     16 December 2009

Sorry Anish, and thank you for the responds.

Anish goyal (Advocate)     16 December 2009

Sir you r always welcome with such mind blowing questions.

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     16 December 2009

yes sir, it is permissible. refer 1980 SCC (CRI) 272

Anish goyal (Advocate)     17 December 2009

Mohana sir please give me the citation of the case

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     17 December 2009

 

 

anish ji it is citation provided by Mohana ji

plz read again

Anish goyal (Advocate)     17 December 2009

Sorry sir i was asking name of the case. I don't have the library but will search it on the net.

Pankaj Rai (Lawyer)     17 December 2009

Superior officers of police may exerciser the same powers thoughtout the local area to which they  are appointed as may be excercised by such officer within the limits of his station.


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