P&H HC: Eyewitness Account Not Credible if Eyewitness Directly Identifies Accused in Court  ||  Delhi HC: Conditions u/s 45 PMLA Have to Give Way to Article 21 When Accused Incarcerated for Long  ||  Delhi High Court: Delhi Police to Add Grounds of Arrest in Arrest Memo  ||  Kerala High Court: Giving Seniority on the Basis of Rules is a Policy Decision  ||  Del. HC: Where Arbitrator has Taken Plausible View, Court Cannot Interfere u/s 34 of A&C Act  ||  Ker. HC: No Question of Estoppel Against Party Where Error is Committed by Court Itself  ||  Supreme Court: Revenue Entries are Admissible as Evidence of Possession  ||  SC: Mere Breakup of Relationship Between Consenting Couple Can’t Result in Criminal Proceedings  ||  SC: Bar u/s 195 CrPC Not Attracted Where Proceedings Initiated Pursuant to Judicial Order  ||  NTF Gives Comprehensive Suggestions on Enhancing Better Working Conditions of Medical Professions    

State of Kerala v. P.B. Sourabhan and Ors. - (Supreme Court) (04 Mar 2016)

No bar on Police Chief to appoint officer for investigation outside territorial jurisdiction

MANU/SC/0269/2016

Criminal

The State Police Chief or Director General of Police is empowered to appoint a superior officer to investigate a crime case registered outside the territorial jurisdiction of such officer. The Supreme Court disagreed with the finding of the High Court that such an exercise of powers was in excess of the powers under Section 36 Code of Criminal Procedure, 1973. It noted that such a conclusion could not be reached on a reading of Section 36 of the CrPC as it contained no direct bar to the effect; rather "It is the satisfaction of the State Police Chief, in the light of the facts of a given case, that would be determinative of the appointment to be made in which situation the limits of jurisdiction will not act as fetter or come in the way of exercise of such jurisdiction by the superior officer so appointed."

Relevant : Section 36 Code of Criminal Procedure, 1973 Act

Tags : POLICE   APPOINTMENT   OFFICER   TERRITORIAL JURISDICTION  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved