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19. Section 158(1) Cr.P.C. says:

" Report how submitted - (1) Every report sent to a Magistrate under section 157 shall, if the State Government so directs, be submitted through such superior officer of police as the State Government, by general or special order, appoints in that behalf."

20. When the Government, by general or special order, is appointing a superior officer of police under Section 158(1) Cr.P.C., there cannot be a quarrel with regard to the legality of the proposition contained in paragraph 59(ii) of the Vigilance Manual. It is evident that by general order, the State Government has appointed the Director of Vigilance being a Superior Police Officer, to order the registration of a vigilance case. It is not contrary to the similar power O.P.(Crl.).376 of 2015 conferred under Section 158(1) Cr.P.C. Therefore, paragraph 59(ii) of the Vigilance Manual is not contrary to the power conferred on the Superior Police Officer under Section 158 (1) Cr.P.C.

23. On going through the wordings of Section 158(2) Cr.P.C., it is evident that 'such report' mentioned in Section 158(2) Cr.P.C. does not take in the 'final report'. At the same O.P.(Crl.).376 of 2015 time, till the filing of the final report, the said Superior Police Officer shall have every power to give instructions to the officer in charge of the Police Station, as he thinks fit, under Section 158(2) Cr.P.C. Such a power is available to the Director of Vigilance also.

28. Apart from the power under Section 173(3) Cr.P.C. as well as Section 158(2) Cr.P.C., no further power has been granted by the Cr.P.C. to the superior officer, who has been appointed under Section 158 Cr.P.C. It has to be noted that the report contemplated under Section 173(3) Cr.P.C. is necessarily the final report. In case of general or special order by the State Government to that effect, such Superior Police Officer appointed under Section 158(1) O.P.(Crl.).376 of 2015 Cr.P.C. has got the power to scrutinize the final report in the case, and pending orders by the Magistrate on such final report, he can order a further investigation in the matter.

In the result, this Original Petition is disposed of with the aforesaid directions. The observations made by the court below against the Director of Vigilance that he has no power to give timely directions to the investigating officer, are expunged. It is made clear that the Director of Vigilance has got sufficient power and authority by exercising his powers under paragraph 72(1) of the Vigilance Manual read with Section 158(2) Cr.P.C., to give timely directions in the matter of investigation, and not after that. The Director of Vigilance ought to have exercised the powers under Section 173(3) Cr.P.C. in this case, in the absence of which, the court below is perfectly justified in ordering a further investigation under Section 173(8) Cr.P.C.