ORDER 1. The short question that arises for decision iu this appeal is whether the b direction given hy the learned Additional Judicial Magistrate, Second Class, Palakkad under Section 156(3) of the Code of Criminal Procedure directing the Inspector General of police (Crimes) to make investigation into the complaint and to submit a report to the said Magistrale was proper and within the powers of the learned Magistrate under Section 156(3) of the Code of Criminal Procedure. By the impugnad judgment, the High Court has held c that the Magistrate was not competent to give such direction to the Inspector General of police (Crimes) to cause inquiry in exercise of power under Section 156(3). In our view, the High Court has rightiy held that the Magistrate was not competent to give such direction to cause inquiry by the Inspector General of Police (crimes) while exercising powers under Section 156(3) of the Code of Criminal Procadure because sub-section (3) of Section d 156 indicates that the Magistrate may order such investigation as mentioned in sub-section (I) of Section 156 of the Code nf Criminal Procedure. Subsection (I) of Section 156 of the Code of Criminal Procedure contemplates that any officer in charge of a police station may without the order of a Magistrate investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to e inquire into or try under the provisions of Chapter XUl. Sub-seetinn (I) of Section 156, in our view, only indicates that a police officer in charge of the police station within the local limits of the jurisdiction of the Magistrate, may cause investigation without any direction from the Magistrate and the Magistrate under sub-section (3) of Section 156 may direct such police officer to cause inquiry. Such power of the Magistrate under sub-section (3) does not authorise the Magistrate to give direction to any other superior officer to cause inquiry even though under Section 36 of the Code of Criminal Procedure, a superior police officer, can make investigation in respect of the complaint where an officer in charge of the police station may make inquiry. Therefore, no interference is called for in this appeal and the same is disposed of. 2. It, however, appears to us that in the instant case, the complaint has been made against a very senior police Officer ie. DIG.
Therefore, no interference is called for in this appeal and the same is disposed of. 2. It, however, appears to us that in the instant case, the complaint has been made against a very senior police Officer ie. DIG. Therefore, it will only be appropriate if tlie superior police officer above the rank of DIG will consider whether in the facts of the case, further inquiry should he made by a police Officer being superior in rank to DIG by exercising powers under Section 36 of the Code of Criminal Procedure.