016 SC 1194 , 2016 (93 ) ACC 924 , 2016 (2 )BLJ(SC )162 , I (2016 )CCR467 (SC ), 2016 CriLJ1833 , 2016 (1 )Crimes267 (SC ), 2016 (3 )ECrN (NULL ) 320 , ILR2016 (2 )Kerala1 , 2016 /INSC/246 , 2016 (2 ) KHC 19 , 2016 (1 )KLT988 , 2016 (2 )N.C.C.374 , 2016 (2 )RCR(Criminal)316 , 2016 (3 )SCALE118 , (2016 )4 SCC102 , 2016 (3 ) SCJ 258 , 2016 (1 )UC562 , ,MANU/SC/0269/2016
Ranjan Gogoi#Prafulla C. Pant#26SC3020Judgment/OrderAIC#AIR#Allahabad Criminal Cases#BLJ#CCR#CriLJ#Crimes#ECrN#ILR (Kerala)#INSC#KHC#KLT#MANU#NCC#RCR (Criminal)#SCALE#SCC#SCJ#UCRanjan Gogoi,SUPREME COURT OF INDIA2016-3-516599,16429 -->
MANU/SC/0269/2016
True Court CopyTM English
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 192 of 2016 (Arising out of SLP (Crl.) No. 9088 of 2012) and Criminal Appeal No. 193 of 2016 (Arising out of SLP (Crl.) No. 9388 of 2012)
Decided On: 04.03.2016
Appellants: State of Kerala Vs. Respondent: P.B. Sourabhan and Ors.
Hon'ble Judges/Coram:
Ranjan Gogoi and Prafulla C. Pant JUDGMENT
Ranjan Gogoi, J.
1. Leave granted.
2. The short question that arises for decision in the present appeals is whether the State Police Chief/Director General of Police is empowered to appoint a superior police officer to investigate a crime case registered outside the territorial jurisdiction of such officer.
3. The High Court answered the aforesaid question in the negative giving rise to the present appeals by the State as well as by the complainant in one of the cases (who is also the accused in the other case) at whose instance the appointment was made and authorisation issued by the State Police Chief.
4. Over certain matrimonial disputes between the parties, two police cases i.e. Crime No. 621 of 2011 and Crime No. 637 of 2011 were registered in the Pettah Police Station. The complainant in Crime No. 637 of 2011, who is the accused in Crime No. 621 of 2011, had filed a representation before the State Police Chief for further investigation by a competent/ neutral officer. On the said representation, the State Police Chief by an order dated 24.01.2012 directed the District Police Chief of Thiruvananthapuram City that the Assistant Commissioner of Police, Cantonment, Thiruvananthapuram City may be entrusted with further investigation of Crime Nos. 621 of 2011 and 637 of 2011 of Pettah Police Station. Pursuant to the above direction of the State Police Chief, one M.G. Haridas, Assistant Commissioner of Police, Cantonment, Thiruvananthapuram City was authorised to conduct further investigation of the two cases and send weekly reports. This was by order dated 12.03.2012 of the Deputy Commissioner of Police (L & O) Thiruvananthapuram City. Thereafter it appears that the specially authorised and entrusted officer filed an application before the learned trial court for further investigation of the two cases which was allowed by the said court on 20.03.2012. The aforesaid order appointing M.G. Haridas, Assistant Commissioner of Police, Cantonment to conduct further investigation of the two cases and the order of the learned trial court dated. 20.03.2012 granting permission for further investigation Under Section