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
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)