ORDER 1. Leave granted. 2. The State of Madhya Pradesh is in appeal against the impugned judgment and order of a learned Single Judge of the High Court of Madhya Pradesh dated 31 July 2018, confined to the direction which has been issued to the Director General of Police and to the Principal Secretary, Home to take disciplinary action against the then City Superintendent of Police, Guna for having furnished a Report dated 14 March 2015. 3. A First Information Report was lodged on 24 September 2012 (FIR No. 459/2012) under Sections 302 and 201 of the Penal Code at Police Station Cantt, District Guna, Madhya Pradesh relating to the homicidal death of a person by the name of Kanha. 4. During the course of the investigation, the City Superintendent of Police, Guna submitted a Report on 14 March 2015 in compliance with a letter, a reference to which is contained in the said Report. The reference reads as follows: "Reference: In compliance of the letter no./SP/Guna and CC/Steno-2/Home Minister/1/15 dated 01-01-2015 issued by SP Guna and letter no. PHQ/4/14 dated 14-01- 15 and letter Home Minister/R/36/15 dated 03-01-15." 5. The trial commenced against two accused. During the course of the trial, following the deposition of PW-6, the Trial court passed an order on 6 November 2017 under Section 319 of the Code of Criminal Procedure, 1973 ("CrPC") directing that the respondent be arraigned as an accused under Section 302. 6. The respondent filed a criminal revision petition before the High Court (CRR No. 3256/2017) which was dismissed by the High Court. 7. The High Court, however, directed that a disciplinary enquiry be initiated against the City Superintendent of Police, Guna. It observed thus: "10. Since reply has been filed under the affidavit of Director General of Police and he has enclosed as Annexure R/1 the circular of Police Department dated 26.06.2010, the Director General of Police and the Principal Secretary, Home, Bhopal are directed to take appropriate disciplinary action against the then CSP who had furnished the report dated 14.03.2015 carrying out parallel investigation not permissible either under Section 36, Cr.P.C. or as per the provisions contained in Regulations 735, 736 and 737 of the Police Regulations, under intimation to the Principal Registrar of this Court as well as the Third Additional Sessions Judge, Guna.
Let report of initiation of such disciplinary action be furnished within 30 days and thereafter a final action report, as may be taken against the said CSP after giving opportunity of hearing to him, be also produced within a further period of 90 days." 8. The State of Madhya Pradesh has appealed against the aforesaid direction contained in Para 10 of the judgment of the High Court. Reliance has been placed on the provisions of Section 36 of the CrPC which provide as follows:- "36. Powers of superior officers of police - Police officers 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." 9. In view of the above above provision, we are of the view that the High Court has exceeded its jurisdiction in issuing the above directions. 10. In the circumstances, we allow the appeal and delete the direction contained in paragraph 10 of the impugned judgment of the High Court dated 31 July 2018 extracted above. 11. We clarify that it is only the above direction in regard to the holding of a disciplinary enquiry against the City Superintendent of Police, Guna which has been interfered with by the present order. 12. The appeal is accordingly allowed.