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october 2010

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.

Asoke Basak vs State Of Maharashtra & Ors · Niyam