- (1.) Heard Sri Shailendra and Sri Prabhakar Awasthi, Advocates, for petitioner, learned A.G.A. for State-respondents and Sri Gopal Chaturvedi, learned Senior Advocate, assisted by Sri Rakesh Dubey, Advocate, for first informant, i.e., respondent no. 4.
(2.) This writ petition under Article 226 of the Constitution of India has been filed seeking writ of certiorari for quashing First Information Report (hereinafter referred to as "FIR") dated 29.4.2013 registered as Case Crime No. 148 of 2013, under Sections 406, 420, 467, 468, 471 and 120-B I.P.C., Police Station Premnagar, District Jhansi. The report has been lodged at the instance of respondent no. 4, namely, Sri Stephen Singh, claiming himself to be the trustee/attorney of United Church of Northern India Trust Association. The allegations in FIR are that at the end of 18th century and commencement of 19th century, several missionaries came to India from various Countries like America, Canada, Ireland, Scotland, New Zealand Wales, Australia and England and were believers of Presbyterian faith. With an object to expand teaching of Lord Jesus Christ to the Christian people and others, and for their development, several properties were purchased and buildings were constructed to constitute Churches, Schools, Colleges, Hospitals, Old age Homes, Orphanage, Leprosy Home, graveyards etc. The property of aforesaid missionaries/missions were initially purchased in the name of Board of Foreign Mission Presbyterian Church in United States of America, which subsequently changed to the Commission on Ecumenical Mission Relation With United Presbyterian Church in United States of America. Such missionaries which were believers of Presbyterian faith, collectively constituted on 30.12.1924 a society, namely, United Church of Northern India and their bye-laws was framed in 1928, known as Blue-Book. It constituted a managing body with the title "United Church of Northern India Trust Association" in 1938 which was duly registered under the Indian Companies Act, 1913. The United Church of Northern India Trust Association, Bombay is a public Trust registered under the Public Trust Act, 1955 (hereinafter referred to as "Act, 1955"). In 1966, the Commission on Ecumenical Mission Relation With United Presbyterian Church in United States of America vide Action No. 139/66, resolved to transfer all the aforestated properties in India to United Church of Northern India Trust Association. In U.P., the management of such properties is through North India Senate of the United Church of Northern India whereunder comes the Christian religious establishments, like, Church, educational institutions, social institutions etc. at Church Council Mainpuri, Church Council Allahabad, Church Council Bundelkhand, Church Council Farrukhabad etc.
(3.) The North India Senate of United Church of Northern India instituted Original Suit No. 534 of 1998 before Civil Judge (Senior Division), Allahabad alleging that the Commission on Ecumenical Mission Relation With United Presbyterian Church in United States of America has no concern or relation with the property stated in schedule of the plaint and whatever documents have been executed by defendants in respect to such property, the same should be declared null and void. The decree passed therein was challenged in Writ Petition No. 48287 of 2000 and vide Court's judgment dated 25.4.2000 it was revoked and thereagainst no appeal is pending.;