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april 2019

Supreme Court of India · 2019-04-02

Devendra Prasad Singh vs The State Of Bihar

Citation / case number
AIR 2019 SUPREME COURT 1671
Court
Supreme Court of India
Petitioner
Devendra Prasad Singh
Respondent
The State Of Bihar
Author
Abhay Manohar Sapre
Bench
Dinesh Maheshwari, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the complaint against respondent No. 2 under Sections 323, 341, 379, and 504 IPC, stating that no prior sanction under Section 197 of the Cr.P.C. was required as the alleged offences did not relate to the discharge of official duties. The Court emphasized that the High Court lacked jurisdiction to assess witness statements for inconsistencies at this stage. Consequently, the appeal was allowed, the High Court's order was set aside, and the complaint was restored for trial on merits.

Devendra Prasad Singh vs The State Of Bihar · Niyam