STATE OF BIHAR & ANR. versus LALU SINGH

Citation: [2013] 10 S.C.R. 552 · Decided: 29-10-2013 · Supreme Court of India · Bench: C.K. PRASAD · Disposal: Appeal(s) allowed

Judgment (excerpt)

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[2013] 10 S.C.R. 552 
STATE OF BIHAR & ANR. 
V. 
LALU SINGH 
(Criminal Appeal No. 1883 of 2013) 
OCTOBER 29, 2013 
[CHANDRAMAULI KR. PRASAD AND 
JAGDISH SINGH KHEHAR, JJ.] 
Code of Criminal Procedure, 1973 - s. 173 - State of 
C Bihar - Criminal Investigation Department (CID) - Whether 
Inspector of C.l.D. can be treated in law as officer-in-charge 
of the police station for purpose of submitting the report 
contemplated uls. 173(2) - Held: r.431 (b) envisages that an 
Inspector of C.l.D. can exercise the power of an officer-in-
D charge of a police station - Once it is held that the Inspector 
of C.l.D. can exercise the power of an officer-in-charge of a 
police station, its' natural corollary is that the Inspector of C.l.D. 
is competent to submit the report as contemplated uls. 173 -
The case in hand is not one of those cases where officer-in-
E charge of the police station had deputed the Inspector of C.l.D. 
to conduct some steps necessary during the course of 
investigation - Rather the investigation itself was entrusted to 
the Inspector of C.l.D. by the order of the Director General of 
Police - In such circumstances, it shall not be necessary for 
F the officer-in-charge of the police station to submit the report 
u/s. 173(2) - The formation of an opinion as to whether or not 
there is a case to forward the accused for trial shall always 
be with the officer-in-charge of the police station or the officers 
superior in rank to them, but in a case investigated by the 
Inspector of C.l.D., all these powers have to be performed by 
G the Inspector himself or the officer superior to him - In the case 
in hand, the case was transferred to the C.l.D. and it was 
entrusted for investigation by an Inspector of C.l.D., who 
possesses a rank superior to an officer-in-charge of the police 
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552 
STATE OF BIHAR & ANR. v. LALU SINGH 
553 
station as per r.431 (b) and, therefore, competent to form 
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opinion in terms of s. 173(2), subject of course to the power of 
superior officer - Bihar Police Manual - r.431(b) - Police Act, 
1861 - ss. 7 and 12 
On the basis of an oral statement made by one 'S' 
before the officer-in-charge of the Police Station, case 
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was registered under Section 302/34 IPC and Section 27 
of the Arms Act. The officer-in-charge of the Police 
Station took up the investigation, but before he could 
complete the same, and submit report in terms of Section 
173 CrPC, the Director General of Police entrusted the C 
investigation to the Criminal Investigation Department, 
(C.1.D.) and the task for conducting the investigation was 
assigned to an Inspector. The Inspector of C.l.D. 
conducted the investigation and submitted the charge-
sheet against the accused persons. On consideration of D 
the charge-sheet and the materials collected during the 
course of investigation, the Magistrate took cognizance 
of the offence and directed for issuance of process. 
The respondent-accused preferred writ petition 
before the High Court for quashing the prosecution, inter 
alia, on the ground that under Section 173(2) CrPC only 
an officer in-charge of a Police station has the authority 
to do that and, therefore, the charge-sheet submitted by 
the Inspector, C.1.D. is fit to be quashed. Though the High 
Court declined to quash the charge-sheet submitted by 
the Inspector of the Criminal Investigation Department of 
the State Government, it observed that under Section 36 
CrPC, the higher police officials have got same powers 
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as available to the officer-in-charge of a police station 
under them but the power is available only with respect 
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to supervising the investigation or participating into the 
investigation to some extent but under section 173(2) 
CrPC, the final view over the investigation of a case with 
regard to filing charge sheet or final form has to be taken 
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554 
SUPREME COURT REPORTS 
[2013] 10 S.C.R. 
A by the concerned officer-in-charge only and he only has 
the authority to file the charge sheet in the case. The 
observations were challenged before this Court by the 
State of Bihar. 
The question which arose for consideration was: 
8 whether the Inspector of C.l.D. can be treated in law as 
the officer-in-charge of the police station for the purpose 
of submitting the report contemplated under Section 
173(2) CrPC. 
c 
Allowing the appeal, the Court 
HELD: The State Government, in exercise of the 
powers under Sections 7 and 12 of the Police Act, 1861, 
has framed the Bihar Pol

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