Superintendence

Hon’ble Supreme Court in State of Bihar and Another Vs. J.A.C. Saldanha and Others, wherein the Apex Court observed as under (Paras 16 to 25):

The general power of superintendence as conferred by Section 3 would comprehend the power to exercise effective control over the actions, performance and discharge of duties by the members of the police force throughout the general district. The word ‘superintendence’ would imply administrative control enabling the authority enjoying such power to give directions to the subordinate to discharge its administrative duties and functions in the manner indicated in the order. It is only when a subordinate authority subject to superintendence is discharging duties and functions of a quasi judicial character under a statute that the inhibition or abdication of such power can be invoked. But where the subordinate subject to such power of superintendence of the superior is discharging administrative-jind executive func-tions, obligations and duties, the power of superintendence would comprehend the authority to give directions to perform the duty in a certain manner, to ro rain from performing one or the other duty, to direct some one else to perform the duty and no inhibition or limitation can be read in this power unless the section conferring such power prescribes one. Such is the scope and ambit of power conferred by Section 3 on the State Government of superintendence over the entire police force of the State….

…It would thus transpire that where the power is limited or fettered or taken away by some specified provision to the contrary, the general power of superintendence would comprehend power to issue directions, orders for performance of duty in a certain manner, directing someone else to discharge certain function, refrain from performing certain duty, etc. Superintendence connotes supervision which implies a hierarchy, viz., supervisor and the one supervised. It would, therefore, mean keeping a check, watch over the work of another who may be a subordinate in a hierarchy of authority. It would also comprehend that supervision is not merely a negative thing so as to keep a watch but it would imply giving of direction, guidance, even instructions and in a given case and in a given situation asking one who is being supervised to forbear from doing a thing and directing some one else to do that thing….

The power of the Magistrate u/s 156(3) to direct further investigationInvestigation Purpose of all investigation is to reveal the unvarnished truth. The constitutional courts are duty bound to ensure that the truth is revealed. is clearly an independent power and does not stand in conflict with the power of the State Government as spelt out hereinbefore. The power conferred upon the Magistrate u/s 156(3) can be exercised by the Magistrate even after submission of a report by the investigating officer which would mean that it would be open to the Magistrate not to accept the conclusion of the investigating officer and direct further investigation. This provision does not in any way affect the power of the investigating officer to further investigate the case even after submission of the report-as provided in Section 173(8)….

There is a clear cut and well demarcated sphere of activity in the field of crimeCrime A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor. detection and crime punishment. Investigation of, an offence is the field exclusively reserved for the executive through the police department, the superintendence over which vests in the State Government …once…the investigating officer submits report to the Court requesting the Court to take cognisance of the offence u/s 190 of the Code its duty comes to an end. On a cognizance of the offence being taken by the Court the police function of investigation comes to an end subject to the provision contained in Section 173(8), there commences the adjudicatory function of the judiciary to determine whether an offence has been committed and if so, whether by the person or persons charged with the crime by the police in its report to the Court and to award adequate punishment according to law for the offence proved to the satisfaction of the Court….