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.