Judgment :-

Altamas Kabir, J.

1. Leave granted.

2. These appeals are directed against the judgment and interim orders dated 5th December, 2008 and 23rd January, 2009, passed by the Gujarat High Court in Special Criminal Application No.1855 of 2008 and order dated 16th January, 2009, passed in Misc. Application No.15014 of 2008 in the said application. The order dated 5th December, 2008, merely records the fact that the learned Government Pleader and the Additional Public Prosecutor had placed on record a copy of the order dated 1.12.2008 passed by the office of the Police Commissioner intimating the Senior Police Inspector, Sabarmati Police Station, that investigation of Karanj Police Station, F.I.R. No.254 of 2008, under Sections 420, 465, 466, 467 and 120-B of the Indian Penal Code, 1860, had been handed over to the Assistant Commissioner of Police, "C" Division, Ahmedabad City. By the said order, the High Court also directed the Assistant Commissioner of Police, "C" Division, Ahmedabad City, to file a progress report of the investigation undertaken in the aforesaid F.I.R. dated 24th December, 2008. It was also indicated that in the event final report was ready, the same was not to be submitted without prior intimation to Court.

3. On 23rd January, 2009, the learned Additional Public Prosecutor placed an "Action Taken Report" of even date before the Court. In the said report, the officer concerned had stated that the investigation was being conducted according to the procedure followed. Based upon the said report, the Additional Public Prosecutor was directed to convey to the Officer present in the Court to incorporate the details of the action taken by him from the date of the receipt of the letter dated 5.12.2008 which, according to him, was received by him on 12.12.2008. The learned Additional Public Prosecutor was also directed to place on record the steps taken by the Police Authorities in respect of Item No.13 mentioned in the Action Taken Report dated 11.11.2008 filed under the signature of Shri M.P. Joshi, Senior Police Inspector, Sabarmati Police Station, Ahmedabad City. The matter was also adjourned till 30th January, 2009.

4. The said three orders are the subject matter of the appeals under consideration.

5. The lands comprised in Block No.84 of Village Ambali, Taluka Dascroi, were owned and occupied by several persons, including the respondents herein. According to the appellant, the original land owners wanted to sell the lands to one Kalaji Nathaji, who used to work as a broker in land transactions. Kalaji Nathaji got in touch with the appellant and informed him about the proposed transfer of the lands in question. On receipt of such information, the appellant expressed his willingness to purchase the said lands. For the purpose of changing the user of the land and to arrange for the sale subject to such conversion, Kalaji Nathaji prepared a Power of Attorney of the original land owners in favour of the appellant and several persons who were not made parties to the said Deeds.

6. Upon execution of the said Power of Attorney, a registered Sale Deed was executed for the undivided share of the original land owners in favour of one Godavariben Chunnilal Thakkar. It may be pointed out that none of the shares belonging to the respondents herein was sold by registered deeds of sale. On the other hand, the land forming the subject matter of the present proceeding was included along with other plots of land in the Draft Town Planning Scheme No. 212. According to the appellant, various farmers joined hands for the purpose of developing the property and they also jointly applied to the Competent Authority and on the basis thereof the lands in question were sold to form F.P.No.63 and out of a total area of 74,764 sq.mts., 52,335 sq.mts. were allotted for the aforesaid purpose.

7. On 18.10.2005, the Respondent No.2 and several other persons executed a notarized Agreement for Sale and a Supplementary Agreement in favour of th