Supreme Court of India · 2008-12-15
Baikunth Singh vs State Of Bihar & Ors
- Citation / case number
- AIR 2008 SC (SUPP) 711
- Court
- Supreme Court of India
- Petitioner
- Baikunth Singh
- Respondent
- State Of Bihar & Ors
- Author
- Arijit Pasayat
- Bench
- Mukundakam Sharma, Arijit Pasayat
Judgment text excerpt
The Supreme Court set aside the Patna High Court's order quashing the cognizance taken under Section 406 IPC, emphasizing that the High Court's decision was based on presumptions without proper material. The Court held that the complainant should have been heard before the High Court disposed of the petition under Section 482 of the Code of Criminal Procedure, 1973. The matter was remanded for further proceedings, directing the parties to appear before the High Court.