1. These petitions are filed by the petitioners therein after invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the case in Crime No. 301 of 2011 pending investigation on the file of the first respondent, Inspector of Police, Central Crime Branch, Team XV, Egmore, Chennai and to quash the same.

2. Based on the complaint lodged by the second respondent (in all the petitions) dated 26.4.2010, the first respondent had registered the case in Crime No. 301 of 2011 on 19.7.2011, under Sections 403 , 406 Sections 403 , 406 , 418 and 420 of Indian Penal Code against 12 accused. The petitioner in Crl. O.P. No. 18183 of 2011 is A10. The petitioner in Crl. O.P. No. 18331 of 2011 is A12. The petitioners in Crl. O.P. No. 18475 of 2011 are A3, A4, A5 & A8. The petitioners in Crl.O. P.No. 18683 of 2011 are A2 and A9 and the petitioner in Crl. O.P.No. 19057 of 2011 is A11.

3. As per the rank arranged in the first information report, the first accused Rev. Aruldas James is reported to have passed away. The 6th accused Rev. Ft. K. J. Francis is no more (since deceased). The 7th accused Mr.M.K.Kabir is reported to have been filed a petition in Crl.O.P.No. 17895 of 2011 under Section 482 Cr.P.C. to quash the criminal proceedings as against him, but that petition has not been brought before this Court. Barring Al, A6 and A7, the petitions filed by the remaining accused under Section 482 Cr.P.C. are available before this Court for disposal.

The gravamen of the case of prosecution:

4. Sir John DeMonte, a Roman Catholic and a rich Portuguese merchant was the inhabitant of the then Madras in the early 1800‘s. He owned extensive movable and immovable properties in respect of which he had executed his last will and testament on 19.7.1820 creating various bequests, but bequeathing his very large immovable properties for charity. He had also created a Codicil dated 21.4.1821, making small amendments to the said will dated 19.7.1820. The then Supreme Court of the Judicature at Madras had granted probate to the said will on 18.5.1821.

5. During his life time he had founded several religious and charitable establishments and to mentioning among them is the Junior Seminary at Santhome, Hospital at Luz and the Church at Poonamallee. Sir John Demonte bequeathed his properties to the trust and his desire to be followed by Bishop or Vicar General of St.Thome and his successor shall carry his last wish. The Archbishop of Madras – Mylapore had become the successor of the Bishop of St.Thome and still he is the trustee of the property.

6. As per Clause 27 of the last will and testaments of Sir John Demonte, none of the property, nor any immovables so bequeathed shall be sold. The executors and the trustees are empowered to lease all the immovable properties on the best and most advantageous terms that could be obtained and the amounts so received would be used for pious and charitable purpose. Therefore, the power to lease the properties is enjoined in the constructive trust so created by the said will.

7. The 31st clause of the will set out the manner of the management of the trust and how the income from the trust properties should be used and how the trustee and the managers are answerable. The properties thus bequeathed for charity by Sir John DeMonte includes 257 grounds and 81 cents in Bens Garden (Boat Club Road) in Raja Annamalaipuram, and 186 grounds of land in DeMonte Colony on St. Mary‘s Road, TTK Road in Alwarpet are very high value properties in Chennai.

8. Firstly, in the month of June 2000, Ft. P.J. Lawrence Raj (A3), one of the petitioners in Crl. O.P. No. 18475 of 2011 had become the property administrator of the Archdiocese. Soon thereafter, he had illegally put the Bens Garden Property in the possession of Mr. Jeppiar (A10) petitioner in Crl. O.P. No. 18183 of 2011 in gross violation of the terms of the will and the trust. Mr. Jeppiar (A10) con