1. This is an application filed by the petitioner, who is the complainant in Crl. M.P. No. 12088/2013, for a direction to the Judicial First Class Magistrate Court, Krunagappally, to forward the complaint to the second respondent, for investigation under Section 156(3) of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) under Section 482 of the Code.

2. It is alleged in the petition that the petitioner filed Crl. M.P. No.12088/13 on the files of the Judicial First Class Magistrate Court, Krunagappally with an allegation that the first respondent herein agreed to sell 7 acres of property to the petitioner for a consideration of Rs. 39,000/- per cent and received Rs. 2,40,000/- as advance. In the agreement for sale, it has been specifically averred by the first respondent that a pathway having a width of 2 meters leading to the said property also belongs to her and the same also will be assigned to the petitioner. But, on enquiry, it was revealed that the first respondent has no right, interest or ownership over the said pathway and it belongs to a total stranger to the transaction by name one Mohanan. It is a clear case of cheating punishable under Sec