JUDGMENT :

1. By way of this petition, the petitioner has prayed for following reliefs :

“(A) YOUR LORDSHIPS be pleased to call for the records and proceedings of criminal revision application below Exh.8 filed in Criminal Case No.2057/2009 pending in the court of Ld. 3rd Additional Chief Judicial Magistrate, Dahod and after perusing the same be pleased to quash and set aside the impugned judgment and order dated 29.06.2013 passed by Ld.Principal Sessions Judge, Dahod on application below Ex.8, in the interest of justice;

(B) YOUR LORDSHIPS be pleased to pass appropriate orders discharging the petitioner from the offences punishable u/s. 406, 420 and 114 of IPC, from the Criminal Case No.2057/2009 pending in the court of Ld. 3rd Additional Chief Judicial Magistrate, Dahod, in the interest of justice;

(C) YOUR LORDSHIPS be pleased to stay the further proceedings of Criminal Case No.2057/2009 pending in the court of Ld. 3rd Additional Chief Judicial Magistrate, Dahod, pending admission, hearing and final disposal of the present petition.

(D) YOUR LORDSHIPS be pleased to grant such other and further orders, as may be deemed fit and proper by this Hon’ble Court in the interest of justice;”

2.1 It is the case of the petitioner that petitioner is from the State of Uttar Pradesh and he was appointed as CMA (Chemist and Metallurgist Assistant) with the Western Railways in the year 1990 and was posted at Dahod in the year 1991. In the year 1999, by way of registered saledeed, he purchased the piece of land admeausring 222 sq mtr of City Survey No.7218 of Dahod from the accused nos.1 to 4. However, those accused nos.1 to 4 are not party to this petition.

2.2 In the year 2003, the petitioner was transferred from Gujarat to Chhatisgarh on deputation and hence by way of another registered sale-deed executed on 26.06.2006, the petitioner sold the aforesaid piece of land to the present complainant.

2.3 The present complainant, who happens to be subsequent purchaser of the piece of land that the petitioner had purchased in the year 1999 and sold to the present complainant in the year 2006 came to know from the documents from District Inspector Land Records (‘DILR’ for short) wherein it was stated that the piece of land that the petitioner sold to the complainant is actually a land belonging to the Government over which earlier water-body used to exist. Having felt that the complainant was cheated, she filed criminal complaint being FIR M.Case No.03 of 2009 before the Dahod Town Police Station on 09.03.2009 for the offence punishable under Sections 420, 406, 465, 467, 468, 471 and 114 of the Indian Penal Code.

2.4 Pursuant to the filing of the aforesaid complaint, the present petitioner was granted anticipatory bail of this Court and he was released.

2.5 After the investigation was over, charge-sheet was filed on 03.09.2009 by Incharge Police Inspector, Dahod Police and after filing of the charge-sheet, the present petitioner preferred an application for discharge under Section 239 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’, for short) before the Court of learned 3rd Additional Civil Judge and Judicial Magistrate First Class at Dahod which was numbered as Criminal Case No.2057 of 2009.

2.6 In the aforesaid application for discharge, learned 3rd Additional Civil Judge and Judicial Magistrate First Class at Dahod, vide order dated 30.05.2012 partly allowed the application for discharge preferred by the petitioner and discharged the petitioner from offences punishable under Sections 465, 467, 468 and 471 of the Indian Penal Code. However, the learned 3rd Additional Civil Judge and Judicial Magistrate First Class at Dahod directed that the present petitioner be prosecuted for offences punishable under Sections 420, 406 and 114 of the Indian Penal Code.

2.7 The petitioner challenged the aforesaid order by way of Criminal Revision Application No.33 of 2012 before the Court of learned Principal Sessions Judge at Dahod and ultimately vide order dated 29.0