1. This application filed under section 482 CrPC is preferred against the order dated 11-8-2016 passed by learned Judicial Magistrate First Class, Sanwer, District Indore in an unregistered criminal case under section 156(3) CrPC, whereby the learned Magistrate allowed the application filed by respondent No.1 under the aforesaid provisions of law and directed registration of FIR against the applicants.

2. The application reveals that applicant No.1 is the owner of land bearing survey No.308/1 situated at village Arjun Baroda, Tahsil Sanwer, District Indore. She purchased this land from one Shravan Verma, who in his turn purchased the land from one Dhulji after obtaining permission under section 165(6) of M.P. Land Revenue Code, 1959. A diversion order was issued in respect of this land on 1.6.2010 by Sub-Divisional Officer.

3. Applicant No.2 which is a society and is run by Dr. Ajay Hardia (husband of applicant No.1) owns the land bearing survey No.305/3 situated at village Arjun Baroda, Tahsil Sanwer, District Indore, which was purchased from one Jagadish Mantri, who purchased the land from one Jagannath after obtaining permission under section 165(6) of M.P. Land Revenue Code, as Jagannath was said to be the member of Scheduled Tribes. The sale deed and copies of various orders passed by authorities are placed at Annexures P-1 to P-5.

4. The layout plan was sanctioned by Joint Director Town and Country Planning, Indore on 3.8.2010. Copy of sanctioned layout plan is placed at Annexure P-6.

5. Respondent No.2 constructed building of land bearing survey No.308/1 situated at Arjun Baroda. According to layout plan sanctioned by Town and Country Planning, Indore, applicant No.2 was running a Dental College and Hospital in the name and style of ‘Devi Ahilya College and Hospital’. The land bearing survey No.305/3 is lying vacant.

6. According to applicants, one society namely “Hare Rama Hare Krishna Sikshan Samiti” runs an institute of Paramedical Science in the name and style of ‘Kewalshri Institute of Paramedical Science’. Most of the members viz. Vivek Hardia, Jaya Hardia, of the society namely Hare Rama Hare Krishna Sikshan Samiti, were close relatives of Mahendra Hardia - the Ex-Deputy Health Minister and Medical Education Minister, Government of M.P. and Ex-Chairman of M.P. Paramedical Council, Bhopal. The said Mahendra Hardia sold a land bearing survey No.5/1/2 area measuring 0.654 hectare situated at Patwari Halka No.27, Village Shiv Nagar, Tahsil Mhow, District Indore. Respondent No.1, who in his turn executed an unregistered lease deed in favour of the said society showing that a building constructed on the land. However, no building exists on this land. Copy of sale deed and lease deed is placed at Annexures P-7 and P-8. According to applicants, in order to obtain permission for running an institute for Paramedical Science, fraudulently, building belonging to applicant No.2 society of survey No.308/1 village Arjun Baroda was shown to the inspection team of M.P. Paramedical Council on 18.8.2011. This report is marked as Annexure P-8. Based on aforesaid inspection report, the permission was granted to the society.

7. Respondent No.1 obtained various papers under the provisions of Right to Information Act and filed a criminal complaint on 3.2.2016 before the JMFC, Sanwer against the accused persons along with society. The said complaint was also accompanied by an application under section 156(3) CrPC. The Judicial Magistrate allowed the application filed under section 156(3) CrPC and directed the concerning police station to register an FIR against the accused persons.

8. Aggrieved by this order, the accused persons and also the Station House Officer of Police Station Kshipra filed a revision before 17th Additional Sessions Judge, Indore. The revision was dismissed, and thereafter, an application under section 482 CrPC was filed before this Court which was registered as Miscellaneous Criminal Case No.2241/2016. By order dated