GAURANGBHAI KHETABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri RC Kodekar, learned APP waives service of rule on behalf of the respondent No.1. Shri Savani, learned advocate waives service of rule on behalf of the respondent No.2.

(2.) By way of this application u/s 482 of Criminal Procedure Code, the applicants herein, original accused Nos.2 and 3 have prayed for an appropriate order to quash and set aside the complaint being M. Case No.1 of 2006 registered at Jalalpor Police Station, Dist: Navsari against the applicants for the offence u/s 420, 406, 323 and 506(2) of the IPC.

(3.) The respondent No.2 herein, original complainant has filed the present complaint being complaint No.256/06 in the Court of ld. Chief Judicial Magistrate, Navsari against the applicants and one Chandubhai Umedbhai Patel (original accused No.1) for the offence u/s 406, 420, 323 r/w 506(2) of the IPC alleging inter alia that the land in question was of the ownership of one Pradhyuman Dhirubhai Shah and others and an agreement to sale was entered into in favour of the complainant for the purchase of the said property and that an amount of Rs.18 lacs was paid to the original accused No.1 and in spite of that, the original accused No.1 has sold the property in question in favour of the applicants and thereby it is alleged that the original accused No.1 and the applicant No.2 have committed the offence punishable u/s 406 r/w 420 of IPC. That the ld. Chief Judicial Magistrate, Navsari by its order dated 7-10-06 passed an order for investigation by Police Inspector, Jalalpor Police Station u/s 156(3) of Criminal Procedure Code and being aggrieved by the same, the applicants, original accused Nos.2 and 3 have preferred the present application u/s 482 of Criminal Procedure Code to quash and set aside the impugned complaint in so far relating to, for the offence u/s 406 r/w section 420 of the IPC.