JUDGMENT
1. - The petitioner has filed this criminal misc. petition under section 482 Cr.P.C. for being aggrieved of the registration of FIR No. 472/2014 at police station Gandhi Nagar, Jaipur (East), Jaipur, for the offences under sections 420, 409, 467, 471 and 120-B IPC.Accordingly, the petitioner has prayed that FIR No. 472/2014 (Annexure-1) dated 07.10.2014 registered at police station Gandhi Nagar, Jaipur (East), Jaipur be quashed and set aside.The petitioner has also sought for quashing of the order dated 01.10.2014, copy of which has not been filed along with the misc. petition but only extract has been given therein, which is not supported by any affidavit.Further, the petitioner has prayed to quash and set aside the complaint, as far as it pertains to the petitioner.
2. Briefly stated, the facts of the case are that Suresh Chand Sharma, respondent no. 2, had filed an application before the Additional Chief Judicial Magistrate No. 2. Jaipur Metropolitan, on 30.08.2014 with the following prayer:
"vr% ifjokn i= izLrqr dj fuosnu gS fd ifjokn vUrxZr /kkjk 156(3) n.M izfdz;k lafgrk ds rgr iqfyl Fkkuk xka/kh uxj dks izsf"kr dj eqdnek ntZ dj vuqlU/kku djus ds funsZ'k iznku djus dh d`ik djsaA"
3. The matter was taken up by the learned Magistrate on 04.09.2014 and 10.09.2014. On 15.09.2014, the arguments of the respective parties were over and the case was posted for 20.09.2014. It was on 01.10.2014 that the learned Magistrate passed an order under section 156(3) Cr.RC. by sending the original application, filed by the complainant, with the direction to the SHO police station Gandhi Nagar (East) to register it as a report; commence the investigation and to send the result to the court, at the earliest.
4. It was averred in the aforesaid application filed by the petitioner that after reserving a plot, measuring 23 acres (24145.20 sq.m.) in Sector 5 of the Vidhyadhar Nagar Scheme, the Jaipur Development Authority started construction of a hospital and had spent about Rs. 1,47,00,000/-, up to the year 1997. It was in the year 1997 that a decision was taken to hand over the said incomplete hospital to Sawai Man Singh Medical College, an institution of the State of Rajasthan. The State of Rajasthan had on 23.04.1997 sanctioned an amount of Rs. 1,60,00,000/- which was given by the Medical & Health Department to the Jaipur Development Authority. On 31.03.1997, the Medical S Health Department had taken possession of the incomplete building and for he purpose of further construction, handed over the same to the Executive Engineer, Public Works Department on 16.01.1998. From January, 1998 to December, 1998, the Public Works Department/State Government had spent Rs. 02,02,83,000/- for construction of the building, as per the letter dated 21.01.1999 written by the Executive Engineer, PWD, City Division.In the month of December, 1998, after Assembly Elections, another party had formed the Government. Shri Chandra Bhan, accused no. 3, had become a Minister. It is averred in the application that Dr. Chandra Bhan and Dr. Vimal Rai Soni are close friends as they were contemporary as students of Sawai Man Singh Medical College. The Jaipur Development Authority had issued an allotment order on 04.03.1999, in favour of the Medical & Health Department in respect of the land measuring 24145 sq.yds @ Rs. 2100/- per sq.yds. which was half of the reserve price for institutions in accordance to the Rajasthan Disposal of Urban Properties Rules, 1974. Accordingly, the price was determined as Rs. 05,07,4920/- and the total amount to be paid was fixed as Rs. 05,32,40,191/-. In the said allotment, condition nos. 8, 9 and 11 are note-worthy, according to which the land would be used only for trauma hospital; would not authorise construction for any business purpose and it shall not be used for commercial or any other purpose of earning profit. Another condition was that without the permission of Jaipur Development Authority, the constructed building shall not be
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