Sanjay Dubey vs The State of Madhya Pradesh and Another

Court

Supreme Court of India

Date

11 May 2023

Case No.

Criminal Appeal No. 1466 of 2023

Result

Dismissed

Bench

Krishna Murari, Ahsanuddin Amanullah

Citation

[2023] 4 S.C.R. 939 : 2023 INSC 519

Headnote

Constitution of India – Articles 226, 227 – Power of High Court to issue additional directions/orders in bail pleas – FIR was filed against accused u/ss.376, 506, IPC; POCSO Act, SCST Act and IT Act –FSL Report was forwarded to the appellantInspectorwith a note that DNA examination as per guidelines be undertaken however, the DNA examination was not carried out – In the meantime, the accused filed his bail plea – High Courtcalled for the case-diary, but the FSL Report was not included therewith – Appellant was found guilty of dereliction of dutyand direction wasissued for holding departmental proceedings against him – On appeal, held: High Court is a Constitutional Courtpossessing wide repertoire of powers – It has original, appellate and suo motu powers u/Articles 226 and 227 which are meant for taking care of situations where the High Court feels that some direction(s)/order(s) are required in the interest of justice – However, in the present case, since the Superintendent of Police, the officer superior to the appellant had himself stated that he would take action against the appellant and was initiating enquiry for imposition of major penalty, therefore, there was no occasion for the High Court to further issue direction for action against the appellant –However,since the case is sensitive and prima facie there was callousness on the part of the police officer(s) concerned, including the appellant, in conducting a proper investigation,on facts, the impugned judgment not interfered with–Code of Criminal Procedure, 1973 – s.439 – Penal Code, 1860 –ss.376, 506 – Protection of Children from Sexual Offences Act, 2012– Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Information Technology Act, 2000. Administration of Justice–Administration of CriminalJustice –Significance of investigation – Discussed.

Practice and Procedure – Judgments – Interpretation of – Held: Judgments are not to be read as Euclid’s theorems –They are not to be construed as statutes andspecific cases are authorities only for what they actually decide.

Sangitaben Shaileshbhai Datanta v State of Gujarat (2019) 14 SCC 522; State Represented by Inspector of Police v M Murugesan (2020) 15 SCC 251 : [2020] 2 SCR 553 – distinguished.

The Judgment of the Court was delivered by AHSANUDDIN AMANULLAH, J. Heard learned senior counsel/counsel for the parties. 2. Leave granted. 3. The present appeal is directed against the Judgment and Order dated 21.09.2022 (hereinafter referred to as the “Impugned Judgment”) rendered by a learned Single Bench of the High Court of Madhya Pradesh at Jabalpur (hereinafter referred to as the “High Court”) in MCRC No. 43998 of 2022, in which a finding, albeit prima facie, of being guilty of dereliction of duty against the appellant has been recorded. Further, it was observed in the Impugned Judg

View Subscription Plans →