Supreme Court of India · 2010-10-08
Asoke Basak vs State Of Maharashtra & Ors
- Citation / case number
- AIRONLINE 2010 SC 326
- Court
- Supreme Court of India
- Petitioner
- Asoke Basak
- Respondent
- State Of Maharashtra & Ors
- Author
- D.K. Jain
- Bench
- H.L. Dattu, D.K. Jain
Judgment text excerpt
The Supreme Court upheld the High Court's decision to dismiss a petition under Section 482 of the Code of Criminal Procedure, 1973, aimed at quashing a criminal complaint against the appellant for offences under Sections 405 and 409 read with Section 34 of the Indian Penal Code, 1860. The Court affirmed that a prima facie case was established against the accused and that the existence of a civil remedy does not negate the possibility of a criminal remedy. The judgment emphasized the principle of vicarious liability under Section 34 IPC, allowing for joint liability in criminal acts.