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10. Right from the registration of the FIR of cognizable offence u/secs.154 to 156 CrPC and a non-cognizable offence, direction of the Court u/sec.155 CrPC besides the requirement of the Case Diary to be maintained from that stage by every Police Officer making any investigation of entering the day-to-day progress with submission of report to the Magistrate Court concerned Sections 156 to 158 to be read with Section 173 CrPC are relevant, no doubt to be read with section 36 CrPC. Now coming to these Sections, Section 157 sub Section-1 speaks as if, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered u/sec.156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report, shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary , to take measures for the discovery and arrest of the offender.. Now coming to Section 173CrPC it speaks from sub section-1 as Every investigation under this Chapter shall be completed without unnecessary delay, from the very title of Report of police officer on completion of investigation.

15. It is the same now impugned in the contention of the writ petitioner of R.3-the SP is superior police officer including u/sec.36 CrPC in his exercising the same powers as that of the Investigating Officer may at best conduct further investigation or verify the investigation and file chargesheet and has no power to direct the R.4-DSP to file chargesheet. In fact Section 36 CrPC clearly speaks the superior police officer may exercise the same powers as may be exercised by such officer within the limits of his police station. Here, it is to be kept in mind the distinction between the final report and the reports as referred in Section 173 and 157 CrPC respectively. It is the legal opinion obtained after completion of the investigation by R.4-the DSP as the Special Investigating Officer and from the legal opinion of the Special Public Prosecutor, sought permission to refer the case as false and the superior police officer having verified u/sec.36CrPC directed to fie chargesheet from the prima facie material and its verification, it cannot be called verification as it is not an investigation much less it can be called as re-investigation. It is only verification as part of the superior officers power of investigation under that guise can he direct the DSP to file chargesheet rather than himself filing if any as the issue raised concerned, from what Section 173 sub-section 3 also asked to be read. In fact, it is here relevant to refer what Section 158 CrPC particularly sub Section 2 of it speaks. Section 158CrPC speaks of Report how submitted-1) Every report sent to a Magistrate under Section157 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 this behalf. Before coming to sub-Section 2 of Section 158 CrPC, here on the factual matrix, the R.4-DSP who is the Investigating Officer to file final report before the Magistrate forwarded of the opinion as to refer the report as false can be filed or not in his addressing to the R.2- the DIG of Police, Kurnool Range and the R.3-the SP, Kurnool by also referring to one of the references from the Superior Police Officer-R.3-the SP of Police, Kurnool.

16. From this, leave about no more discussion is required of Rule 7 of the Rules, 1995, the AP Police Manual General Instructions, coming to SubSection 2 of Section 158 CrPC, it clearly speaks the duties and powers of such superior officers that such superior officer may give such instructions to the officer in charge of police station as he thinks fit, and shall after recording such instructions of such report, transmit the same without delay to the Magistrate. It is not the issue of the second limb of Section 158(2) of the Superior Officer has to transmit the same without delay to the Magistrate or pursuant to the superior officers instructions, the Investigating Officer has to transmit. It is needless to say the superior officer also can transmit within his power u/sec.36 but for to say from the combined reading of 36 with 173 CrPC of to instruct the Investigating Officer himself to transmit.

17. Now from sub Section 2 first limb of Section 158 CrPC referred supra concerned, once the superior police officer may give such instructions to the officer in charge of police station as he thinks fit, that instructions enclosed from the verification to the CD of existence of prima facie material to file charge sheet rather than file referred report, thereby there is nothing to find fault with the impugned order of the R.3-the SP instructing the R.4-the DSP of Police to file charge sheet from the existence of the investigation material to show prima facie accusation to take cognizance by the Special Court .