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december 2008

Supreme Court of India · 2008-12-15

BAIKUNTH SINGH vs STATE OF BIHAR .

Citation / case number
SC 2006/27747
Court
Supreme Court of India
Petitioner
BAIKUNTH SINGH
Respondent
STATE OF BIHAR .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,

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 material evidence. The Court held that the complainant should have been heard before the dismissal 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 without further notice.

BAIKUNTH SINGH vs STATE OF BIHAR . · Niyam