ORDER :

1. By the Special Criminal Application (Quashing) No. 4115 of 2015, the applicant is challenging the order dated 25.11.2013 passed by the learned 4^th Additional Civil Judge, Bhavnagar in Criminal Case No. 1166 of 2012 as well as the order dated 18.10.2014 passed by the learned Additional Sessions Judge, Bhavnagar in Criminal Revision Application No.5 of 2014 whereas, by Criminal Revision Application No. 88 of 2015, the applicant is challenging the order dated 18.10.2014 passed by the learned Additional Sessions Judge, Bhavnagar in Criminal Revision Application No.6 of 2014. Both these proceedings emanate from the same complaint in Criminal Case No.1166 of 2012.

2. The brief facts giving rise to the present petitions are that an offence being C.R. No. I-209 of 2011 was registered on 18.11.2011 with Bhavnagar ‘B’ Division Police Station for offence punishable under Sections 406, 420, 465, 467, 468, 471 and 114 of the Indian Penal Code [“IPC” for short]. That the contents of the FIR reveal that the applicant – complainant, had purchased land bearing Survey No. 61/2 at Ruvagam on 18.11.1996 from the original landowners upon payment of full consideration, along with a General Power of Attorney, and has since been in possession and enjoyment of the said land. That the respondents, despite having no legal right, executed a sale deed in favour of Arunaben Harshadbhai by making false representations and preparing forged documents. That the applicant took steps before the Sub-Registrar to prevent such transaction and also instituted a civil suit wherein a temporary injunction was granted and a panchnama was drawn. That it was further alleged that the accused persons acted in collusion and dishonestly sold the land, thereby committing fraud, cheating and breach of trust, for which a complaint along with documentary evidence was submitted to the police authorities. Pursuant to registration of the FIR, investigation was carried out and on conclusion thereof, the Investigating Officer found prima facie material against the respondents and filed a charge-sheet before the competent Magistrate at Bhavnagar, which came to be registered as Criminal Case No.1166 of 2012.

2.1 During the pendency of the proceedings, the respondents preferred an application seeking discharge being Criminal Application No. 1166 of 2012. That by order dated 25.11.2013, the learned 4^th Additional Civil Judge, Bhavnagar partly allowed the said application and discharged the respondents from offences under Sections 465, 467, 468 and 471 of the IPC, while directing the case to proceed for offences under Sections 406, 420 and 114 of the IPC.

2.2 That against the said order, the applicant preferred Criminal Revision Application No.5 of 2014 challenging the discharge granted for offences under Sections 465, 467, 468 and 471 of the IPC, whereas the respondents preferred Criminal Revision Application No.6 of 2014 seeking discharge from the remaining offences under Sections 406, 420 and 114 of the IPC.

By a common order dated 18.10.2014, the learned Additional Sessions Judge, Bhavnagar rejected Criminal Revision Application No.5 of 2014 filed by the applicant and allowed Criminal Revision Application No.6 of 2014 filed by the respondents. The learned Judge confirmed the earlier discharge for offences under Sections 465, 467, 468 and 471 of the IPC and further quashed the Trial Court’s refusal to discharge the accused under Sections 406, 420 and 114 of the IPC. Consequently, the respondents came to be discharged from all the alleged offences. Being aggrieved by the orders dated 25.11.2013 and 18.10.2014, the applicant has instituted the present Special Criminal Application and Criminal Revision Application.

3. Learned APP Mr. Hardik Soni appears for the applicants in both the matters. In Special Criminal Application No. 4115 of 2015, though served, the respondents have not entered any appearance through an advocate nor are they present in person during the hearing. However, in