JUDGMENT :

AMIT BORKAR, J.

1. Heard.

2. Rule. Rule made returnable forthwith.

3. Since both these applications arise from a common factual matrix and the same First Information Report, we are disposing of them by one judgment.

4. By these applications, the applicants in each application are challenging First Information Report No. 485/2020 dated 29.12.2020 registered with the non-applicant No. 1-Police Station for the offences punishable under Sections 420, 467, 468, 471 read with Section 34 of the Indian Penal Code.

5. Since we are treating Criminal Application (APL) No. 91/2021 as a lead application, we are referring parties and pleadings as stated in Criminal Application (APL) No. 91/2020.

6. The First Information Report came to be registered against the applicants with the following accusations:

The applicant No. 1 in Criminal Application (APL) No. 312/2021 is accused No. 1 (father), applicant No. 2 is accused no. 2 (mother), and applicant No. 3 is accused no. 3 (sister) of the non-applicant No. 2. The applicants in Criminal Application (APL) No. 312/2021 are accused Nos. 4 to 6, who are purchasers of the property in dispute, admeasuring 2 acres 18 guntas out of Survey No. 25/2 admeasuring 17 acres 28 guntas situated at Malkapur, Taluka and District Akola (“said property” for short). One Arvindkumar Narayandas Khandelwal gifted said property by registered gift-deed dated 18.11.1969 in favour of the complainant. On the date of execution of the registered gift-deed, the complainant was three years old, and therefore, the gift-deed was executed in favour of the complainant through natural guardian-accused No. 1. The complainant is the absolute owner and is in possession of the land given to him by the said gift-deed. The complainant came to know in February 2020 that accused No. 1 sold out plot No. 57 admeasuring 2978 Sq. Ft. to accused Nos. 4 to 6 by registered sale-deed dated 01.12.2018. It is alleged that after getting knowledge of the said transaction, on enquiry by the complainant, it was revealed that the accused No. 1 permitted Narayandas Hiralal to seek permission for conversion of gifted property and started using the said property for his personal use without obtaining permission from the Court. The accused No. 1 converted the disputed property into non-agricultural land and got sanctioned layout of plots on 11.12.1972. It is alleged that the accused No. 1 established Anupam Co-operative Housing Society on 20.05.1978 (as per record date is 20.10.1972) with the assistance of his friends and servants to grab the minor's property. The accused No. 1 transferred the minor's property to the said society without obtaining permission from the competent Court. Accused No. 1 executed the sale-deed of the said property in favour of the Co-operative Housing Society. The said co-operative society transferred plots on 04.01.1973 and 05.01.1973 by registered sale-deed in favour of accused No. 1. It is alleged that accused No. 1 showed that the complainant had purchased the property from the said housing society with the intention to cheat the complainant. It is alleged that accused No. 1 has, therefore, committed a criminal breach of the complainant's trust. It is alleged that the accused No. 1 has prepared false documents and executed a registered will-deed dated 14.10.2019, claiming that he owns several plots. It is alleged that some of the said plots have been transferred by the accused No. 1 in the name of accused No. 3 by creating false documents. It is alleged that after getting knowledge of the illegal transaction made by accused No. 1, non-applicant No. 2 tried to convince accused Nos. 1 to 3 to execute appropriate documents in favour of the non-applicant No. 2. However, he could not get success and therefore, non-applicant No. 2 lodged First Information Report with non-applicant No. 1 at Police Station.

7. The applicant Nos. 1 to 3 in Criminal Application (APL) No. 91/2021, who are the accused Nos. 1 to 3, have challenged the regi