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october 2014

Supreme Court of India · 2014-10-30

BINOD KUMAR vs STATE OF BIHAR

Citation / case number
SC 2011/30029
Court
Supreme Court of India
Petitioner
BINOD KUMAR
Respondent
STATE OF BIHAR
Author
R. BANUMATHI
Bench
R. BANUMATHI T.S. THAKUR

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellants' petition under Section 482 Cr.P.C. for quashing charges under Section 406 IPC for criminal breach of trust. The Court found that the withholding of payment to the respondent was not justified as it lacked the necessary elements of a public duty defense and that a prima facie case was established against the appellants. The Court emphasized that the essential ingredients of criminal breach of trust were present, affirming the lower courts' decisions.

BINOD KUMAR vs STATE OF BIHAR · Niyam