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Supreme Court of India 2022-10-12 dismissed

DEVENDRA NATH SINGH vs STATE OF BIHAR & ORS

Bench: 2 — Dinesh Maheshwari, Aniruddha Bose

In Brief

A Class IV employee was charged with misappropriating Rs 16.99 lakhs of foodgrains from a government godown. A Class IV employee challenged the charges in the High Court, alleging he was a scapegoat for his superior District Manager. The High Court, without hearing the District Manager, ordered further investigation into his role. The Supreme Court upheld the order for further investigation based on exceptional circumstances, but held that the High Court erred in making prejudicial observations against the District Manager. The Court clarified that while High Courts possess inherent powers under Section 482 CrPC to direct further investigation in exceptional cases, such powers must be exercised sparingly and without prejudicial remarks likely to affect fair investigation.

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Criminal Procedure Inherent Powers of High Court Investigation Natural Justice Audi Alteram Partem Misappropriation Abuse of Process Investigative Powers Role of Magistrate

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