S.G SHAH, J.

Rule. Learned APP waives service of notice of rule for respondent No. 2 - State.

2. Heard learned advocate Mr. R.J Goswami for the applicants and learned APP Mr. Manan Mehta for the respondent No. 2 - State.

3. Perused the record. The petitioners herein are original accused in Criminal Inquiry No. 25 of 2006 filed by present respondent No. 1. Respondent No. 1 - complainant has preferred such complaint u/ss.465, 466, 467, 468, 471, 120B and 114 of the Indian Penal Code alleging that only because of common name of his ancestors as well as ancestors of accused, the accused have with malafide intention and with a desire to get undue advantage, got the agricultural land owned and occupied by the complainant, mutated in their name only because name of ancestors was almost similar. However, it is contended that the name of the ancestors of the accused is Somabhai Hirabhai Patel and therefore, when name of the applicants is also Somabhai Hirabhai Patel, applicants - accused have taken disadvantage of such similar name. When such complaint was filed before the Chief Judicial Magistrate of Lunavada, the Magistrate has after considering the contents of the complaint and do