LAWS(SC)-2000-12-27

LALMUNI DEVI Vs. STATE OF BIHAR

Decided On December 12, 2000
LALMUNI DEVI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This Appeal is against an Order dated 10th November, 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 an 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 corn-plaint 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 Or-der of dismissal and remanded the case back to the Magistrate.