AIR 1980 SUPREME COURT 326 ::1979 Cri App R (SC) 404 ::1980 AllCriC 279 ::1980 MadLJ(Cri) 382 ::(1980) 1 SCC 554 ::1980 SCC(Cri) 272 ::(1980) BLJ 80 ::1980 BLJR 18 ::(1980) 2 SCR 16 ::(1980) 1 SCJ 406

Supreme Court Of India

(From : Patna)*

Hon'ble Judge(s): R. S. Sarkaria, D. A. Desai, O. Chinnappa Reddy , JJJ

(A) Criminal P.C. (2 of 1974) , S.36, S.156, S.173— Relative scope of - State Government is competent to direct Inspector-General, Vigilance to take over investigation of cognizable offence registered at police station - No conflict between S. 3 Police Act and S. 173 (8) of the Code - Word "Superintendence" - Meaning of - Inspector-General, Vigilance can exercise power of an officer in charge of a police station. W.J.C. No. 12 of 1979, D/- 14-5-1979 (Pat), Reversed.(1) Police Act (5 of 1861) , S.3— (2) Words and Phrases - Word "superintedence". The use of the word 'rank' in S. 36 of the Code comprehends the hierarchy of Police Officers. Division of work, but not demarcating any local area indcates that nspector-General, Vigilance, will have jurisdiction extending over the whole of the State. If he is an officer superior in rank to an officer in charge of a Police Station he can in view of S. 36 exercise the powers of an officer in charge of a Police Station throughout the local area to which he was appointed meaning thereby the whole of Bihar State as might be exercised by an officer in charge of a Police Station within the limits of his Police Station. Merely because Inspector-General, Vigilance is only in charge of bribery and corruption cases it cannot be said that he cannot be directed by the State Government in exercise of ....