Supreme Court of India · 2011-11-22
SHIV SHANKAR SINGH vs STATE OF BIHAR
- Citation / case number
- SC 2010/5584
- Court
- Supreme Court of India
- Petitioner
- SHIV SHANKAR SINGH
- Respondent
- STATE OF BIHAR
- Author
- B.S. Chauhan
- Bench
- T.S. THAKUR B.S. CHAUHAN
Judgment text excerpt
The Supreme Court held that the High Court erred in quashing the Magistrate's cognizance order under Section 395 IPC, stating that the second Protest Petition filed by the appellant was maintainable as it was submitted after the Final Report under Section 173 Cr.P.C. The Court emphasized that the first Protest Petition was irrelevant since it preceded the Final Report and thus could not be acted upon. The Court reinstated the Magistrate's order, allowing the case to proceed against the respondents.