Hon'ble Amar Singh Chauhan,J.

Heard Sri H.N. Shukla, learned counsel for the applicants, learned AGA for the State and Sri Prasant Mishra, learned counsel for the opposite party no. 3.

2. The applicants, Smt. Sita Devi and one other, through this application moved under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer to quash the further proceedings of Criminal Case No. 990 of 2005 (State vs. Dhani Ram and others), under Sections 420, 467, 468, 406, 120B I.P.C., Police Station Sadar Bazar, District Mathura, pending in the court of Additional Chief Judicial Magistrate-IV, Mathura and further prayed to stay the aforesaid proceeding against the applicants.

3. Brief facts which are requisite to be stated for adjudication of this application are that the opposite party no. 3 moved an application under section 156(3) Cr.P.C. with the allegation that she has purchased land in consideration of Rs. 3,10,000/- on 29.3.2004 from the applicant no. 2 in the presence of his elder brother, Gopal Das. After executing the sale deed, the wife of the opposite party no. 2 in order to usurp the consideration malafidely obtained the certificate from Dr. Anil Gaur with effect that applicant no. 2 is unsound mind. By hatching conspiracy with Dr. Anil Gaur, the applicants have wrongfully taken a sum of Rs. 3,10,000/- and filed a suit for cancellation of dale deed. The application was allowed and concerned Police Station was directed to register and investigate the case accordingly. Against which revision was filed which was disposed of with the direction that the applicants shall not be arrested till submission of the report under section 173(2) Cr.P.C.. The Investigating Officer, after concluding the investigation, submitted the charge sheet under Sections 420, 467, 468, 471, 406, 120B I.P.C against the applicants, Gopal Das and Dr. Anil Gaur but subsequently re-investigation was ordered by the Police Officer cancelling the earlier charge sheet. The charge sheet was filed only against the applicants and exonerated Dr. Anil Gaur. The Additional Chief Judicial Magistrate took cognizance and fixed the case for compliance of section 207 Cr.P.C.

4. It is submitted by learned counsel for the applicants that the sale deed is alleged to have been executed on 29.3.2004 while the application under section 156(3) Cr.P.C. was moved on 1.4.2005 near about after one year and there is no reasonable explanation for filing the application at such a belated stage. Dhani Ram is mentally unfit and was under treatment of District Hospital Agra since 1.1.2004 and also got treatment from Dr. Anil Gaur. Dr. Gaur has also issued a certificate that Dhani Ram is suffering from Bipolar Mood disorder for which he is under his treatment. Thereafter a suit being No. 290 of 2004 was filed on 6.7.2004 for the cancellation of the sale deed on the ground that since Dhani Ram is not mentally fit how he can execute the alleged sale deed. It is further submitted that firstly the charge sheet was submitted after investigation and thereafter the Senior Police Officer directed another Investigating Officer to re-investigate the matters and subsequently another charge sheet was submitted. It is settled law that re-investigation cannot be done by the order of the Police Officer but further investigation can be done only by the permission and the order of Magistrate. Thus, the submission of the charge sheet cancelling the first charge sheet is absolutely illegal, unwarranted and against the law and is nothing but an abuse of the process of the court and is liable to be quashed. It is also submitted that applicants have filed two suits for cancellation of sale deed being no. 290 of 2004 and 505 of 2004 relating to land situated in District Agra and Mathura with the allegation that the application no. 2 Dhani Ram was unsound mind despite opposite party no. 3 fraudulently got a sale deed said to have been executed by applicant no. 2. During the p