Section 36 of the Code of Criminal Procedures prescribes that a Police Officer superior in rank to an Officer-in-charge of a Police station may exercise the same powers (throughout the local area to which they are appointed) as may be exercised by such Officer within the limits of his station.
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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)
ADVERTISEMENTS:
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)