NDLI: Sanjay Dubey Vs. The State of Madhya Pradesh and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India 227 Articles 226 Power of High Court to issue additional directions/orders in bail plea
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
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 appellant-inspector with 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 Court called for the case-diary, but the FSL Report was not included therewith – Appellant was found guilty of dereliction of duty and direction was issued for holding departmental proceedings against him – On appeal, held: High Court is a Constitutional Court possessing 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 Criminal Justice – 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 and specific cases are authorities only for what they actually decide.
Judge	Hon'ble Mr. Justice Ahsanuddin Amanullah
Neutral Citation	2023 INSC 519
Petitioner	Sanjay Dubey
Respondent	The State Of Madhya Pradesh And Another
SCR	[2023] 4 S.C.R. 939
Judgement Date	2023-05-11
Case Number	1466

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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