Learned advocate for the petitioners submits that for the alleged incident of 2005 and transactions of suit land of Civil Suit Nos.1925 of 2011 and 37 of 2012, even if case of complainant is taken as a whole in the context of allegations, no case was made out in the private complaint, however, the learned Chief Metropolitan Magistrate, Ahmedabad City passed order under Section 156(3) of the Code, which reveals non- application of mind on his part and further direction that investigation be carried out by top level police agency, is illegal, and therefore, the impugned order as well as FIR being CR No.11 of 2012 deserve to be quashed and set aside.
In view of the above, issue notice returnable on 13th April, 2012.
In the meanwhile, ad-interim relief in terms of para 8[D] qua the petitioners.