HARIKRISHNA K PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the petitioners -original accused to quash and set aside the impugned complaint/ FIR being M Case No.5 of 2002 registered with Amraiwadi Police Station, Ahmedabad.

(2.) RESPONDENT no.2 herein-original complainant had filed on complaint being Inquiry Case No.26 of 2002 against the petitioners and others, in the Court of learned Metropolitan Magistrate, Court No.7, Ahmedabad, for the offences punishable under Sections 406, 420, 34 of the Indian Penal Code alleging inter alia that with respect to residential property situated at A one Park, Goa agreements to sell were executed between the original complainant as power of attorney holder of his relative (NRI's) and Rs.34 lacs were paid and the possession letter/ allotment letters were issued, however subsequently the same were sold to some other persons and therefore, it was alleged that the petitioners and other persons have committed offences punishable under Sections 406, 420, 34 of Indian Penal Code. That in the said complaint, the learned Metropolitan Magistrate, Court no.7, Ahmedabad passed an order dated 17.4.2002 sending the said complaint for police investigation under Section 156(3) of the Code of Criminal Procedure to Police Inspector, Amraiwadi Police Station, Ahmedabad and thereafter the Amraiwaid Police Station has registered the said complaint/ FIR as M Case No.5 of 2002. Being aggrieved and dissatisfied with the same, the petitioners have preferred by the present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure to quash and set aside the impugned complaint/ FIR.

(3.) SHRI Dabhi, learned APP has requested to pass an appropriate order.