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.