As per the provisions of Section 36 of the Criminal Procedure Code, 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. Therefore, the Superintendent of Police of a district has the same legal powers with regard to investigation of an offence as the officer in charge of a police station (SHO) has.
The power of the SP to give directions to the investigating officer is generally contained in the relevant rules, regulations, police manual, etc., of the State concerned, framed under legal provisions. If lawful directions in writing are given by the SP to the investigating officer, and if the latter does not obey them, he may be subjected to disciplinary action for violation of such directions. It is very rare that a subordinate officer would disobey lawful directions given in writing by a senior officer, and even such rare violation may be subject to disciplinary action.
The court will go by the charge sheet which is filed by the investigating officer before it. It is the duty of the investigating officer to comply with the directions of the senior officers. The court takes cognizance on the basis of the charge sheet submitted by the I.O.
Of course, if the SP feels that the I.O. is doing mischief and not filing charge sheet correctly, he may change the I.O. and the other I.O. may then do the needful.
For quashing the FIR, you can approach the high court under Section 482 of the Cr.P.C. at any time after registration of FIR and before filing of the charge sheet. If the charge sheet is already filed, there is no point in going for quashing of FIR before high court; instead file a discharge petition before the trial court.
About the RTI query, you have yourself partly replied the question. Ask whatever relevant information you want to get. It is not possible for us to reply on detailed questions of facts.
We can try to answer your general legal questions. It is not possible to answer what defences can be taken, since it involves detailed study of all relevant papers which is not within the scope of this website. Please consult some lawyer at your place.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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