1. This Application has been filed by the applicants/accused nos. 10 and 11 under Section 482 of the Code of Criminal Procedure (for brevity “CrPC”) praying to quash and set aside the complaint, being M. Case No. 1/2012 registered at CID Crime, Gandhinagar Zone Police Station for an offence punishable under Sections 406, 420, 423, 465, 467, 468, 114 and 120B of the Indian Penal Code.

2. Brief facts of the case are that an agricultural land, bearing Survey No. 147, situated at village Koteshwar, District: Gandhinagar was originally belonged to the accused no.1 to 9. In the year 1988, the accused no.10 and 11(applicants herein) decided to purchase the said land. After paying consideration to the original farmers, they entered into an agreement to sell and obtained irrevocable power of attorney in their favour. Thereafter, in the year 1990, the applicants decided to sell the said property and further entered into agreement to sell with one Bholabhai Valjibhai Patel on 05.03.1990 and with a view to cheat Bholabhai Valjibhai Patel, the sale deed was not entered into by the applicants. Therefore, Bholabhai Valjibhai Patel filed Regular Civil Suit No. 326 of 1995 against the applicants and the original farmers. In the year 1995, the agent contacted the present respondent no.1-original complainant and showed him 10 survey numbers of the Koteshwar village, out of which, the complainant agreed to purchase Survey No. 147. Thus, the complainant met with the applicants through an agent on 03.09.1995. An agreement to sell was made in favour of the complainant by the original farmers and it was also agreed that disputes with Bholabhai Valjibhai Patel will be resolved by the present complainant directly and as the original owners were not entering into sale deed in favour of the complainant, complainant filed Special Civil Suit No. 13/1996 before the competent Court. That, pending the suit, the parties entered into a compromise and on the basis of the said compromise, the Court passed a decree according to the compromise. Thus, after receiving full consideration, the registered sale deed was made in favour of the complainant on 26.04.1996 by the original land owners. The complainant also resolved his disputes with Bholabhai Valjibhai Patel directly. But, when the complainant tried to enter his name in the revenue records on the basis of the registered sale deed, same was objected by the original land owners by way of notice under Section 135(D) of the Land Revenue Code. Thus, with a view to cheat the complainant and to obtain undue advantage, the original land owners were trying to sell the said property belonging to the complainant to other persons. Thus, the complainant filed Regular Civil Suit No. 223 of 2006 and obtained stay in his favour. Though there is a stay in his favour, original land owners with the help of the applicants and with a view to dupe the legitimate rights of the complainant and with a view to obtain wrongful gain and to cheat the complainant, they made five sale deeds in favour of other co-accused. Therefore, the impugned complainant has been filed against the present applicants and other accused persons.

3. Heard learned advocate Mr. KJ Panchal for the applicant no.2, learned advocate Mr. AS Bhatt appearing on behalf of the respondent no.1 and learned APP Mr. KL Pandya appearing on behalf of the respondent no.2.

4. Learned advocate Mr. KJ Panchal for Mr. Amrish K. Pandya, learned advocate appearing on behalf of the applicant no.2 has submitted that the complainant has filed present complaint before the learned Chief Metropolitan Magistrate, Ahmedabad, being Criminal Inquiry Case No. 21/2011 on 26.12.2011 and after examining the complainant on oath under Section 200 CrPC and after taking cognizance under Section 190(1)(a) CrPC, the learned Magistrate ought to have proceeded further under Chapter XV CrPC, but instead of that, has directed to investigate the said complaint under Section 156(3) CrPC, which is contr