JUDGMENT :

Since the question of law raised in all the captioned applications is the same, those were heard analogously and are being disposed of by this common judgment and order.

The applicants herein, original accused, seek to challenge the legality and validity of the action of the police in registering different FIRs for the same offence alleged to have been committed in connection with the same transaction.

According to the applicants, the First Information Report being C.R.No.I-26 of 2014 came to be registered with the DCB Police Station against the applicants herein for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 120-B of the Indian Penal Code. A person by name Shamjibhai Ranchhodbhai Dabhi, residing at Surat, lodged the report alleging that he was cheated by the applicants.

The case of the first informant so far as C.R. No.I-26 of 2014 is concerned, is that he is dealing in the business of purchase and sell of land for the purpose of development. He has floated a company in the name of Blazin Infrastructure Developers. Blazin Infrastructure Developers is a partnership firm which includes nine partners. The registered office of the first informant is at Mumbai and one of the branches is situated at Surat.

It is alleged that one of the accused persons, namely, Nareshbhai Gigabhai Dudhat, approached the first informant introducing himself as the Director of Tirth Oil Mills Company. He also represented before the first informant that he was dealing in the business of land and owns land admeasuring 32000 sq.mtrs. bearing Survey No.214 at Rampuriya Industries Ltd., near Dadra Check Post, Selvas. He represented before the first informant that he wanted to sell 10% of the land. He is alleged to have shown few documents in that regard to the first informant.

It is the case of the first informant that the accused was not the original owner of the land and neither he had shown genuine documents in that regard. On account of willful and false representation made by the accused before the first informant, the first informant decided to purchase 10% of the land for a total sale consideration of Rs.2,55,00,000=00. It is also the case of the first informant that an amount of Rs.2,55,00,000=00 was paid by issuing three cheques bearing nos.108265, 108266 and 108267 dated 17th June 2013 for the sum of Rs.90 lac, Rs.90 lac and Rs.75 lac respectively. It is alleged that no sooner the amount was credited in the account of the accused, then the same was withdrawn. After withdrawing the amount, the accused fled away, and despite trying to contact the accused, there was no response at all, at his end. It appears that this is how the FIR originated against the accused, namely, Nareshbhai Gigabhai Dudhat and the other co-accused. It also appears that at the end of the investigation, charge-sheet was filed against Nareshbhai Gigabhai Dudhat and the other co-accused, namely, Ashokbhai Khodidas Jalodiya.

At a later stage, four more FIRs came to be registered i.e. C.R.No.I-52 of 2014 at the Sarthana Police Station, Surat; C.R.No.I-162 of 2014 at the Varachha Police Station, Surat; C.R.No.I-209 of 2014 at the Varachha Police Station; Surat; C.R.No.I-167 of 2014 at the Khatodara Police Station; and C.R.No.I-281 of 2014 at the Kamrej Police Station. All these FIRs came to be lodged by different individuals for the offence under Sections 406, 420 and 120-B of the Indian Penal Code.

It is the case of the applicants that after the registration of the FIR i.e. C.R.No.I-26 of 2014 with the DCB Police Station, the subsequent FIRs should not have been registered by the police, as the same are in connection with the very first transaction and the alleged offences are a part of the same conspiracy. Once the conspiracy is common, the subsequent registration of the FIRs is not tenable in law. This appears to be the sum and substance of all these applications.

Mr.Mangukiya, the learned counsel appearing for the applicants, vehemently su