SATYABRATA SINHA, J. - (1.) HAVING heard the learned counsel for the parties, I am of the opinion that the grievances made in this application cannot be gone into in view of the fact that the petitioner admittedly has not lodged any First Information Report before the Office -in -Charge. The learned Counsel has drawn my attention to Annexure 'A' to the application which is addressed to the Deputy Commissioner of Police, Detective Department.
(2.) THE Deputy Commissioner of Police, Detective Department is not an Officer -in -Charge of a Police Station within the meaning of section 154 of the Code of Criminal Procedure. The learned counsel for the petitioner relies upon sub -section (3) of section 154 of the Code of Criminal Procedure and submits on the basis thereof that on refusal on the part of the Officer -in -Charge of the Police Station to record the information, such information may be sent to the Superintendent of Police who may either investigate to the case by himself or by any superior officer which goes to show that even a higher officer has the power to investigate.
(3.) SUB -section (3) of section 154 is an enabling provision and the power thereunder can be exercised by the Superintendent of Police in the event the condition precedent therefore is satisfied. The said provision, therefore, does not empower the Deputy Commissioner of Police, Detective Department to make an investigation in terms of section 156 of the Code of Criminal Procedure. Furthermore, it is doubtful as to whether the Deputy Commissioner of Police, Detective Department would be an officer superior to the Officer -in -Charge of the Police Station inasmuch as the Detective Department in a separate department and an investigation can be carried out by them only in the event the same is entrusted to it. In any view of the matter as no First Information Report has been lodged before the Officer -in -Charge of a Police Station in terms of sub -section (1) of section 154, this application is not maintainable. It would be open to the petitioner to lodge a First Information Report in accordance with law whereafter there cannot be any doubt, if the same discloses a cognizable offence, investigation will be carried on, failing which the petitioner may bring the same to the notice of the Superintendent of Police.;