Pushpendra Singh Bhati, J. - (1.) These criminal misc. petitions under Section 482 Cr.P.C. have been preferred for quashing of FIR No.363/2012 registered at Chowki, Anti Corruption Bureau, Bhilwara, Police Station, C.P.S., ACB, Jaipur for the offences under Sections 13(1)(C)(D), 13(1)(C) (B) and 13(2) of the Prevention of Corruption Act, 1988 and under Sections 468, 471 and 120-B IPC.
(2.) Brief facts of the cases, as noticed by this Court, are that respondent No.2 filed a complaint before the Anti Corruption Bureau, Headquarter, Jaipur, upon which a case was registered and investigation was initiated. The allegation in the complaint was that a plot measuring 100 x 120 sq.ft. was allotted by the District Collector, Bhilwara to M/s. Pradeep Bandhu Petrol Pump for establishment of a Petrol Pump at Ajmer Road, Bhilwara in the year 1966, lease deed of which has not been executed by the District Collector, till date. It was further alleged in the complaint that on the back side of the petrol pump, there was 30 feet common way, which belonged to the Municipal Council, Bhilwara, and M/s.Pradeep Bandhu Petrol Pump encroached upon 18 feet of the said way. The encroachment thereafter was removed on 20.08.2008. Patwari gave a Mauka Reort on 22.08.2008, in which the plot was shown to be measuring 118 x 130 sq. feet, and thus, in connivance with the Patwari, the owner of M/s.Pradeep Bandhu Petrol Pump usurped the extra land.
(3.) Learned counsel for the petitioner however, stated that the land in question was not allotted to the petitioner, but was leased out to the Indian Oil Corporation Limited and the petitioner was only having a dealership outlet, as granted by the Indian Oil Corporation Limited. The said lease was granted in accordance with sub-rule (2) of Rule 4 of the Rajasthan Land Revenue (Conversion of Agricultural Land into Non-Agricultural Land) Rules, 1961. The allotment of the land to the Indian Oil Corporation Limited by the District Collector was made strictly in accordance with law, however, the Indian Oil Corporation Limited was neither impleaded as party in the present complaint nor in the present misc. petitions.;