P.K.LOHRA,J. - (1.) These three revision petitions, under Section 397/401 Cr.P.C., are directed against common order dated 28th of January, 2017, passed by Special Judge, Anti Corruption Act Cases, Sri Ganganagar (for short, 'learned trial Court'), framing charge against all the petitioners, therefore, all are heard together and disposed of by a common order.
(2.) Petitioner Shankardas Swami is a retired Executive Officer of Municipal Board Sadulsahar, District Sri Ganganagar, petitioner Smt. Manisha Khichar is former Chairperson of the Municipal Board and the third petitioner Ramniwas, a private individual, is alleged beneficiary of dubious transaction. The learned trial Court, by the order impugned, framed charges against them for offence under Section 13(1)(d) r/w with 13(2) of the Prevention of Corruption Act r/w Section 120-B IPC and Sections 420 or 420 r/w Section 120-B IPC, 477 or 477A r/w Section 120-B IPC, 167 r/w Section 120-B IPC, 193 or 193 r/w Section 120-B IPC, 196 or 196 r/w Section 120-B IPC and 109 IPC.
(3.) The facts, in brief, giving rise to these revision petitions, are that respondent-complainant Madanlal submitted a written report at Police Station Sadulshahar against petitioners Ramniwas Agrawal, Shankardas Swami and one Badri Prasad Suthar, a Clerk of Municipal Board, Sadulshahar, inter-alia, alleging therein that one house with the plot size 50x60 ft., situated in Ward No. 5 of Sadulshahar, is recorded in the name of Bhagwan Singh S/o Banta Singh for last so many years as per records of Municipal Board. Report also unfurled that on the plot in question shops and rooms are constructed and the building was let out to one Ramniwas Agarwal, who subsequently purchased the plot and building without any formal documentation. It is also borne out from the report that for the purpose of soliciting requisite entry in the record of Municipal Board, Ramniwas in connivance with Shankardas Swami and Badri Prasad Suthar hatched a conspiracy for entertaining his application dated 25th of October 2004 along with affidavit. In the application, Ramniwas averred that a land measuring 60x28 ft is in his possession, which is Nazul land (Government land) and his possession over the land be regularized.;