Powers of Superior Police Officers under sections 36 of Code of Criminal Procedure

Thus, it will be seen that this section only empowers a Superior Police Officer to exercise such powers; it does not compel him to do so. (Chittaranjan, AIR-1963 Cal. 191)

In one case where the Chief Minister of a State, who had received a complaint from a private person, sent it to the Additional Inspector-General of Police, and the latter directed the Deputy Superintendent of Police to make the investigation, it was held that this was in accordance with S. 36. In such a case, it cannot be said that Art. 14 of the Constitution (right to equality and equal protection of the laws) is violated. (Kapur,—AIR 1961 S.C. 1117)

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