Supreme Court of India · 2000-12-15
LALMUNI DEVI vs STATE OF BIHAR & ORS.
- Citation / case number
- SC 2000/60232
- Court
- Supreme Court of India
- Petitioner
- LALMUNI DEVI
- Respondent
- STATE OF BIHAR & ORS.
- Bench
- M B SHAH & S.N. VARIAVA
Judgment text excerpt
The Supreme Court held that a complaint can allege both civil wrongs and criminal liabilities, and the existence of a civil remedy does not preclude a criminal prosecution. The Court referenced Section 482 of the Code of Criminal Procedure, emphasizing that if a complaint does not make out an offence, it can be quashed, but in this case, the High Court's quashing of the complaint was not justified. The Court set aside the High Court's order and directed the trial court to proceed with the complaint in accordance with law, thereby allowing the appeal.