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october 2010

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.

ASOKE BASAK vs STATE OF MAHARASHTRA . · Niyam