LAWS(ALL)-2011-2-16

NANDLAL CHANDANI Vs. STATE OF U P

Decided On February 04, 2011
NANDLAL CHANDANI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) HEARD Mr. D.S. Mishra for the applicant and learned A.G.A. for the State and perused the record.

(2.) THIS is an application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Code') for quashing the order dated 23. 12. 2010 passed by Judicial Magistrate, Court No. 1, Varanasi whereby the learned Magistrate treated the applicant's application moved under Section 156(3) of the Code as complaint.

(3.) PETITIONER has also placed reliance on the judgment in the case of Oriental Insurance Co. v. Zaharulinsha and others, 2008 AIR SCW 3251, wherein view has been taken that amount in question can also be recovered as arrears of land revenue as held as follows: