JUDGMENT :

1. By way of this Criminal Misc. Application under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”), the applicants have challenged the criminal complaint being CR No.I-225/16 dated 24.12.2016 registered with Vastrapur Police Station for the offence punishable under Sections 406, 420, 465, 467, 468, 469, 471 and 120B of the Indian Penal Code.

2. The applicants no.1 to 13 are the partners of the partnership firm, namely, M/s. Hare Krishna Developers engaged in the business of construction. It is stated that the land bearing survey No.497/1, 498/P, 500/1, 500/1, 500/3 and 508/P, F.P. No.2+6+ (12+13)/1 of draft T.P. No.37A, Thaltej, admeasuring 18151 sq. mtrs. after deduction of 40% of the land came to be purchased by the applicants from the accused no.1 – Poras Babubhai Patel by way of different registered sale deeds on 1.9.2005. Thereafter, necessary N.A. permission was sought for and after paying the premium, scheme named Sahjanand Palace Bungalows consisting of 40 bungalows was floated by the applicants.

2.1 It is stated by the applicants that each bungalow and the plot is of individual ownership and therefore, there would not be any case of cooperative society. However, later on service cooperative society was created with a view to maintain the said scheme.

2.2 It is stated that in village form no.7/12 extracts, the land was shown as “old tenure” and during N.A. permission proceedings, it was brought to the notice of the applicants that survey No.497/1 and 508 is of the restricted tenure land and thereby, premium was fixed at Rs.3,67,00,000/- and the same was paid by the applicants. The construction of the bungalows was carried out after necessary development permission and revised development permission. 5 bungalows constructed on the land bearing survey No.497/1 and 508 were shown to be without development permission and thereby, on the grant of revised development permission, condition was inserted for removal of construction of 5 bungalows. It is stated that the owner of those 5 bungalows have not raised any grievance. Thereafter, on the operation of the Gujarat Regularization of Unauthorized Development Act, all the bungalow owners have filed an application before the competent authority for regularization of the unauthorized construction including those 5 bungalows. All the necessary documents and papers were provided to the members to obtain authorization after the payment of impact fees.

2.3 It is submitted that respondent no.3/complainant of the impugned FIR has thereafter in the year 2014 purchased bungalow no.15 from erstwhile owner–Shri Hareshbhai Lakhasing Nagdev and Payal Hareshbhai Nagdev by way of registered sale deed. After purchasing the said bungalow, respondent no.3 has started raising issues with the present applicants on one or the other grounds and thereafter, criminal complaint was filed by respondnt no.3, which was registered as Criminal Inquiry no.52 of 2015, before the learned Chief Judicial Magistrate, Ahmedabad Rural against the present applicants for the offence punishable under Sections 406, 420, 465, 467, 468, 471 and 120B of the IPC, wherein the learned Chief Judicial Magistrate directed the respondent no.2 – Police Inspector, Vastrapur Police Station to make inquiry under Section 202 of the Cr.P.C. vide order dated 12.3.2015. The report of the police of Vastrapur Police Station was submitted on 6.4.2016 and was produced before the learned Chief Judicial Magistrate, wherein it was concluded that no criminal offence is made out and dispute appears to be civil in nature. Pursuant to the said report, the learned Chief Judicial Magistrate issued notice to the respondent no.3 and it is stated that the proceedings is yet pending.

3. Heard Senior Advocate Mr. I.H. Syed assisted by Mr. A.B. Pandya, learned advocate for the applicants. Mr. Syed submits that the report of the police dated 6.4.2016 before the learned Magistrate cannot disclose any criminality of the applic