Supreme Court of India · 2008-02-22
Anand Mallick vs State Of Bihar & Anr
- Court
- Supreme Court of India
- Petitioner
- Anand Mallick
- Respondent
- State Of Bihar & Anr
- Bench
- K.G. Balakrishnan, R.V. Raveendran, Markandey Katju
Judgment text excerpt
The Supreme Court held that the complaint against the appellant did not establish offences under Sections 406 and 504 of IPC, as the necessary ingredients were absent. Consequently, the Court set aside the order taking cognizance for these sections. However, the complaint under Section 420 IPC was upheld, allowing the complainant to proceed with that charge, affirming the legal principle that a complaint must contain specific averments to constitute an offence.