Salil Kumar Rai, J. - (1.) Heard Shri Sushil Shukla, learned counsel for the applicant in both the cases, Shri K.D. Tripathi, learned counsel representing opposite parties No. 2 in both the cases and learned A.G.A. representing respondent No. 1. The opposite parties No. 2 in both the cases shall hereinafter be referred to as, 'complainants'.
(2.) The applications have been filed praying for quashing charge-sheet Nos. 46/04 and 47/03 as well as entire criminal proceedings in Criminal Case No. 307 of 2004, under Section 420 I.P.C. and Criminal Case No. 306 of 2004, under Section 420 I.P.C., Police Station-Subhash Nagar, District-Bareilly pending in the Court of Additional Chief Judicial Magistrate, VII, District-Bareilly (hereinafter referred to as, 'A.C.J.M.').
(3.) It appears from the records, which are not disputed, that the complainants filed applications under Section 156(3) Cr.P.C. alleging that one Father Tony Barros, who was the Manager of one Assisinagar Rehabilitation Centre, Ramganga, Chaubari (hereinafter referred to as, 'Society'), which is a Society registered under the Societies Registration Act, 1861, persuaded the complainants to invest in the aforesaid Society. On the promise of Father Tony Barros to return the invested amount alongwith 5% interest per month, the opposite party No. 2 in application U/S 482 No. 9185 of 2004 paid approximately Rs. 3,52,000/- and opposite party No. 2 in application U/S 482 No. 8596 of 2004 paid approximately Rs. 2,07,000/- to Father Tony Barros on different dates. It was alleged in the applications filed under Section 156(3) Cr.P.C. that Father Tony Barros had dishonestly induced the complainants to invest the amounts involved with an intention to cheat the complainants. It was also alleged in the said applications that the Society was supervised by other persons which included the applicants, and therefore, the applicants alongwith Father Tony Barros had committed an offence under Sections 419 and 420 I.P.C. and were liable to be prosecuted for the same.;