Supreme Court of India · 2010-10-08
ASOKE BASAK vs STATE OF MAHARASHTRA .
- Citation / case number
- SC 2007/34685
- Court
- Supreme Court of India
- Petitioner
- ASOKE BASAK
- Respondent
- STATE OF MAHARASHTRA .
- Author
- D.K. JAIN
- Bench
- D.K. JAIN,H.L. DATTU, , ,
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash a criminal complaint against the appellant under Sections 405 and 409 read with Section 34 of the Indian Penal Code, 1860. The Court emphasized 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 principle of vicarious liability under Section 34 IPC was also affirmed, allowing for joint liability among co-accused.