Supreme Court · 2014 INSC 89 · Decided 11 February 2014

Vijayander Kumar & ORS. v. State of Rajasthan & ANR.

Court
Supreme Court of India
Citation
2014 INSC 89 · [2014] 1 S.C.R. 1012
Case number
CRIMINAL APPEAL No. 1297/2004
Decided
11 February 2014
Bench
P. SATHASIVAM, RANJAN GOGOI, SHIVA KIRTI SINGH (3-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC; CrPC Section 482

Headnote

CODE OF CRIMINAL PROCEDURE, 1973: s.482 - Power of High Court to quash criminal proceedings - FIR filed for offences punishable ulss 420 and 120-8 /PC - Final report by police stating the case to be of a civil nature - Rejected by Magistrate and cognizance taken - 0 High - Held: A given set of facts may make out a civil wrong as also a criminal offence and only because a civil remedy may also be available to informant/complainant that itself cannot be a ground to quash a criminal proceeding - The real test is whether the allegations in the complaint disclose

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