State of Kerala Vs. P.B. Sourabhan & Ors.
The Code of Criminal Procedure, 1973 - Section 36 , Section 173 (8)
Kerala Police Act, Section 18 - Territorial Jurisdiction - Investigation - Further investigation - 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 - Section 36 Cr.P.C does not fetter the jurisdiction of the State Police Chief to pass such an order based on his satisfaction - 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 - Such an appointment would not be hedged by the limitations imposed by Section 36 Cr.P.C. - High Court to be not right in reading the constraints imposed by Section 36 of the Cr.P.C. on the powers of the State Police Chief to appoint a suitable and competent officer to investigate a case irrespective of the limits of local jurisdiction of such officer, if such a course of action is required.
Topic(s)-Territorial Jurisdiction - Investigation - Law Clarified