J.B.PARDIWALA, J. - (1.) Since the issues involved in all the captioned three applications are inter­related and the challenge is also to the proceedings of a self­ same case, those were heard analogously and are being disposed of by this common judgment and order.
(2.) By these three applications under Section­482 of the Code of Criminal Procedure, 1973, the applicants­original accused persons seek to invoke the inherent powers of this Court praying for quashing of the proceedings of Criminal Case No.1493 of 2014 pending before the Court of the learned Metropolitan Magistrate, Court No.20, Ahmedabad, arising from the F.I.R. being C.R. No.I­231 of 2014 filed before the Odhav Police Station, Ahmedabad, for the offence punishable under Sections­406, 420, 467, 468, 120B r/w.114 of the I.P.C.
(3.) The case of the prosecution may be summarized as under:­ 3.1 The original first informant is one Jagdishbhai Surendrabhai Desai i.e. the respondent no.2 herein. The dispute pertains to land bearing survey nos.152­A, 152­B, 153 paikee admeasuring 46,136 sq.mtrs. situated at Village­Nikol, District­Ahmedabad, The original owner of the parcels of land was the applicant of the Criminal Misc. Application No.18228 of 2016 viz. Nareshbhai Prahladbhai Modi. On 31/01/1991, about 15,000 sq. yards land from the survey No.153 paikee was sold by Nareshbhai Prahladbhai Modi to the Jeevandhara Co. Op. Housing Society (Proposed) under a Banakhat registered on 31/01/1991. One Madhubhai Popatbhai Vasani was the Chairman of the said Society. On 28/04/1992 Madhubhai Popatbhai Vasani purchased land from the survey Nos.152­A, 152­B and 153 admeasuring 46,131 sq. mtrs vide registered agreement to sale on behalf of the Partnership Firm. One Batukbhai Popatbhai Patel was one of the partners of the said firm. 3.2 In the year 1994, the land admeasuring about 15,000 sq. yards of survey No.153B was sold to M/s. Gayatri Corporation. An Agreement to sale in this regard was executed by M/s. Gayatri Corporation in 1994 who had proposed Gitanjali Park having 65 plots, each admeasuring 175 sq. yards and 200 sq. yards respectively. On 27/01/1995, the first informant herein booked the plot No.37 admeasuring 175 sq.yards. The partners of the Gayatri Corporation did not issue any receipt at that point of time for the cash amount paid by the first informant, however, the Gayatri Corporation handed over the possession of the plots with a compound wall surrounding the area, but failed to execute the registered sale­deed in favour of the purchasers. In the year 1998, a Final Town Planning Scheme came to be sanctioned covering the land in dispute. It is the case of the first informant that all the accused persons knew very well that the Draft Planning Scheme was introduced in the year 1987 in which the land in question was covered and despite such knowledge, the same was suppressed and by misrepresentation the plots came to be sold to the Gitanjali Park. It appears that when the Town Planning Scheme came to be finalized, the land in question was allotted as a final plot to the person entitled. The possession of the same was taken and handed over to the person entitled to the final plot under the Scheme. On 14/06/2000, the members of the Gitanjali Park preferred a representation addressed to the Town Planning Committee with a request to release the land in their favour. It is alleged that the partners of the Gayatri Corporation did not support the members of the Gitanjali Park. In such circumstances, the Municipal Corporation took over the possession of the Gitanjali Park Plot in the year 2008. 3.3 It also appears from the materials on record that the members of the Gitanjali Park, preferred a Regular Civil Suit No.2588 of 2004 in the Court of the learned City Civil Judge at Ahmedabad. The said suit came to be dismissed for non­prosecution in the year 2009. In the year 2016, an application was filed for restoration of the suit dismissed for default and the same is pending as on date. 3.4 In the aforesaid background, it is the case of the first informant that he alongwith the other purchasers of the plots came to be cheated. 3.5 At the end of the investigation, the Police filed a chargesheet for the offences noted above. The filing of the chargesheet culminated in the Criminal Case No.1493 of 2014 pending as on date in the Court of the learned Metropolitan Magistrate, Court No.20, Ahmedabad. ;