KRISHNA KUMAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Jain, J. Heard learned Counsel for the petitioner Sri K. K. Tiwari and learned A. G. A.

(2.) THIS petition under Article 226 of the Constitution of India has been filed to issue the direction in nature of certiorari for quashing the impugned order dated 24-8-2004 passed by the learned Judicial Magistrate (I), Lucknow in complaint case No. 8/2000, Neetu Sahu v. Krishna Kumar Mishra, under Sections 406, 506 I. P. C. Relating to P. S. Hasanganj, District Lucknow.

(3.) THE learned Counsel for the petitioner has submitted that dispute between the complainant and the accused is of civil nature. THE facts of the case are squarely covered by the decision of Hon'ble Supreme Court in the case of Ram Biraj Devi and Anr. v. Umesh Kumar Singh, 2006 (3) JIC 281 (SC) : 2006 (55) ACC 560, wherein the Hon'ble Supreme Court has observed that where there is a dispute in respect of sale and purchase of land between the parties, the dispute is purely of civil nature and the criminal complaint filed by the complainant should be quashed.