The discretionary nature of directing police investigation and the need for application of mind by the Magistrate.

JUDGMENT :

1. The petitioners have filed the present petition U/s 482 Cr.P.C for quashing of order dated 10.05.2014 passed by the Ld. Metropolitan Magistrate-01, Central, Tis Hazari Courts, Delhi in criminal complaint No. 813/1/2014 dated 10.05.2014 and for suitable directions.

2. The petitioners filed a complaint U/s 156 (3) Cr.P.C. read with section 200 Cr.P.C. against the respondents No. 2 to 9 alleging that they were cheated by them and the respondents No. 2 to 9 misappropriated around Rs. 56,97,014/- of the petitioners in various dealings. It is alleged that forged documents were manufactured by the respondents and were used as genuine in order to commit criminal breach of trust.

3. The Ld. Metropolitan Magistrate declined the request of the petitioners to refer the matter for investigation under Section 156(3) Cr.P.C, vide impugned order dated 10.05.2014, however, granted liberty to the petitioners to treat their complaint as a complaint case Under Section 200 Cr.P.C. 1973 and fixed the case for further proceeding/pre-summoning complainant evidence.

4. The petitioners did not prefer any revision petition U/s 397 Cr.P.C before the Addl. Sessions Judge challenging the impugned order dated 10.05.2014 and straightway filed his petition U/s 482 Cr.P.C for quashing of impugned order dated 10.05.2014.

5. Briefly stated, the facts of the case as mentioned in the complaint under section 156(3) Cr.P.C read with Section 200 Cr.P.C filed by the complainants (petitioners herein) are that the complainants were desirous of purchasing two properties by their daughters named Surabhi Chaturvedi and Pratika Chaturvedi employed in technical fields, so on 15.04.2011 the complainant No. 2 visited M/s Supertech Ltd. office and met one AP Singh told to be an agent and was offered Villa R023S100131 of 90 Yds @ Rs. 28,95,156.58 and the daughter of complainants paid Rs. 2,92,342.58 by cheques against 10% directly and subsequent installment of 10.23 lacs on 18.5.2011 for booking the same in the name of Pratika Chaturvedi. Thereafter again on 19.04.2011 another agent Mr. Shariq offered 1 BHK with cost of Rs. 1115005.98 having 625 Sq. ft. The second daugahter of the complainants namely Surabhi Chaturvedi paid Rs. 112116.02 and subsequent installment of Rs 4.48 lacs on 26.6.2011.

6. It is further averred in the said complaint U/s 156 (3) Cr.P.C) that after the said investments by the complainants, the said agents of Supertech introduced accused no. 1 (respondent No. 2) herein as their associate who helped the complaints in doing documentation quickly with M/s Supertech Ltd. in favour of their daughters and hence developed faith over accused No. 1 (respondent No. 2) herein. It is further averred that accused No. 1 (respondent No. 2) herein offered a small well located plot in Developer Ameya Infrastructures Scheme and the complainants paid a sum of Rs. 1 lacs for the said booking and after the booking the complaints received an email thereby confirming the booking and the details of payment to be made by the complainants were mentioned in the said e-mail.

7. It is further averred that the complainants thereafter made further payment of Rs. 1.97 lacs on 19.05.2011 and Premium installment as per payment plan of the said offer to the tune of Rs. 99000 on 7.6.2011. It is further averred that on 23.07.2011 due to failing any progress of Ameya Infrastructure, in nearby location, a barren undeveloped plot was purchased from one Mr. Harish Sachan through accused No. 1 (respondent No. 2) herein by cash payment of Rs. 2.3 Lakh in Registrar office of Sadar Gautam Budh Nagar and reflected in the sale deed.

8. It is further averred that thereafter for more than one year there was no response on either development scheme or Amenya allotment and accused No. 1 (respondent No. 2) herein kept on assuring the complainants that soon the area will develop or he will arrange for adjustment in various investments. It is averred that after flow of money ended with fresh extra cash tr