LAWS(ALL)-2006-7-140

KANHAIYA LAL TIWARI Vs. STATE OF U P

Decided On July 28, 2006
Kanhaiya Lal Tiwari Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the applicant and learned Additional Government Advocate.

(2.) THIS application under Section 482 Cr.P.C. has been filed for quashing the charge -sheet dated 26 -12 -1995 arising out of case crime No. 474 of 1995, under Sections 419/420/467/468 IPC, police station Khuldabad, District Allahabad, in respect of which case No. 2782 of 2002, State v. Kanhaiya Lal Tiwari, is pending in the Court of Special Chief Judicial Magistrate, Allahabad.

(3.) IT is argued by the learned Counsel for the applicant that the dispute between the parties is essentially of civil nature and the complainant had a remedy by way of filing of a civil suit for specific performance of the contract and that no offence of cheating was disclosed.