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december 2000

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.

LALMUNI DEVI vs STATE OF BIHAR & ORS. · Niyam