NDLI: Devendra Nath Singh Vs. State of Bihar & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 467 1973 – s. 482 – Allegations of defalcation of goods and misappropriation of stocks from the godown of the Corporation – FIR was registered – Magistrate took cognizance of offences u/ss. 409 468 and 420 of IPC against respondent no.3 – Respondent no.3 filed petition u/s. 482 Cr.PC –
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 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Code of Criminal Procedure, 1973 – s. 482 – Allegations of defalcation of goods and misappropriation of stocks from the godown of the Corporation – FIR was registered – Magistrate took cognizance of offences u/ss. 409, 467, 468 and 420 of IPC against respondent no. 3 – Respondent no. 3 filed petition u/s. 482 Cr.PC – High Court observed that an accused in the case ‘as scapegoat to save the skin’ of the present appellant – Having said so, the High Court proceeded to direct the Magistrate to give directions to the police to further investigate the case in terms of s. 173(8) CrPC regarding the allegations against the appellant – On appeal, held: The person lodging the FIR with reference to the audit report, i.e., the Senior Dy. Collector-cum-District Manager, made imputations only against the respondent No. 3, who was a class IV employee of the Corporation but was purportedly posted as an in-charge Assistant Godown Manager by the appellant, who was, at the relevant time, holding the position of the District Manager – Suffice it to observe for the present purpose that when all the relevant aspects were duly projected before the High Court in the petition filed by the respondent No. 3, the High Court could not have simply ignored the same only for the reasons that the informant omitted to state them while lodging the FIR, and/or the investigating officer overlooked them while submitting the result of 34 investigation, and/or the Magistrate did not pay requisite attention to them while taking cognizance – Instant case is a case of exceptional and special features where the High Court was justified in ordering further investigation, particularly qua the role of the appellant – Thus, the principal part of the order impugned, directing further investigation, calls for no interference – However, High Court was not justified in making such observations, comments, and remarks, which leave little scope for an independent investigation and which carry all the potential to cause prejudice to the appellant.
Judge	Hon'ble Mr. Justice Dinesh Maheshwari
Neutral Citation	2022 INSC 1071
Petitioner	Devendra Nath Singh
Respondent	State Of Bihar & Ors.
SCR	[2022] 15 S.C.R. 692
Judgement Date	2022-10-12
Case Number	1768

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