JUDGMENT

Sandeep Mehta, J.—These two instant miscellaneous petitions have been filed by the petitioner Solomen Smith and Prakash Chand Doshi seeking quashing of the FIR No. 7 of 2011 registered at P.S. Abu Parvat, District Sirohi for the offences under Sections 420, 467, 468, 471 and 120B, IPC.

2. Succinctly stated the facts of the case are that the complainant respondent No.2 claiming himself to be the Secretary of the Gujarat Christian Service Society IP Mission Compound, Station Road, Anand filed a complaint in the Court of A.C.J.M. Mount Abu against four persons viz. Solomen Smith, Prakash Chand Doshi, Chandra Shekhar Rao and Narayan Singh for the aforesaid offences. As per the allegations levelled in the complaint, the complainant is the Secretary of Gujarat Christian Service Society. The society had been formed for the purpose of managing the properties of the Indian Presbyterian Mission Trust (I.P. Mission Trust). The complainant further claimed that he had been authorised by the Gujarat Christian Service Society I.P. Mission to deal with all the legal matters of the society as well as the trust. It is further alleged in the complaint that the headquarter of the I.P. Mission Trust is located in the I.P. Mission Compound Elis Bridge, Ahmadabad and that various properties of the trust are located at different places. The complainant further alleged that one of the properties of the I.P. Mission Trust measuring 1.5 acres known by the name Palm View is located at Kalchhapara, Mount Abu, It was further alleged that the property Palm View was under the ownership and management of the Gujarat Christian Service Society and it was occupied and being used by it. The complainant further alleged that the accused persons named in the complaint, in order to usurp the aforesaid property of the trust obtained Photostat copies of title deeds and other documents of the property. Thereafter the accused No.1 i.e. Solomen Smith claiming himself to be authorized by the Indian Canadian Presbyterian Mission and fraudulently projecting the property to be that of the Indian Canadian Presbyterian Mission executed a sale deed of the said property in favour of the accused No.2 i.e. Prakash Chand Doshi. The accused No.3 Chandra Shekhar Rao and accused No. 4 Narayan Singh identified the accused No.1 in the sale deed and became witnesses of the sale which was registered at the Sub-Registrar Office, Abu Road. The complainant on coming to know of the execution of sale deed obtained a certified copy of the sale deed from the Sub-Registrar Office. The complainant further claimed in the complaint that the accused Nos. 1 to 4 knew fully well that the property named Palm View was not owned by Indian Canadian Presbyterian Mission but despite that, fraudulently claiming the property to be that of Indian Canadian Presbyterian Mission a forged sale deed was executed by the accused No. 1 Solomen in favour of the accused No. 2 Prakash Chand Doshi. The complainant further claimed that the sale consideration of the property was kept at Rs. 60 lacs and 9 lacs were claimed to have been given as an advance to the accused whereas the actual market value of the trust property runs into crores of rupees. The complainant submitted in the complaint that fraudulent and forged documents were created in order to usurp the property of the I.P. Trust. The property of the I.P. Mission Trust was fraudulently projected as the property of Indian Canadian Presbyterian Mission and thereafter the I.P. Mission Trust’s property was sold by the accused Solomen to the accused Prakash Chand whereas both the trusts are entirely different entities and the I.P. Mission Trust owns the Palm View property. The complainant further prayed that the accused be punished for the offences under Sections 420, 467, 468, 471 and 120B, IPC.

3. The complaint was forwarded to the Police Station Abu Parvat for investigation where FIR No. 7/2011 was registered and investigation commenced. The petitioners have