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2000 Supreme(SC) 2063

M.B.SHAH, S.N.VARIAVA
Lalmuni Devi – Appellant
Versus
State Of Bihar – Respondent


JUDGMENT

S.N.VARIAVA, J.

(1) LEAVE granted.

(2) THIS Appeal is against an Order dated 10/11/1999 by which, in an Application under Section 482 of the Code of Criminal Procedure, a criminal complaint has been quashed on the ground that the complaint spelled out civil wrong and continuance of the criminal prosecution would be ah abuse of process of the Court.

(3) THE complaint was that Respondents 2 to 10 had fraudulently got the father of the Complainant to execute a gift deed. On the basis of this complaint the Magistrate held an enquiry under Section 202 of the Code Of Criminal Procedure and dismissed the complaint under Section 203 of the Code of Criminal Procedure. As against the Order of dismissal the Appellant went in Revision. The. learned Session Judge set aside the Order of dismissal and remanded the case back to the Magistrate.

(4) ON such remand the Magistrate issued process against Respondents 2 to 10 to face trial under Sections 419,420,467 and 120 B of the Indian Penal Code.

(5) RESPONDENTS 2 to 10 then filed a Petition under Section 482 of the Code of Criminal Procedure for quashing the complaint. By the impugned Order




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