JUDGMENT

Sandeep Mehta, J.—By way of the instant criminal writ petition, the petitioner complainants have approached this Court assailing failure of the respondent Anti Corruption Bureau in registering an FIR on the basis of a complaint submitted by the petitioners to the Director General, Anti Corruption Bureau, Government of Rajasthan, Jaipur.

2. Facts in brief are that the petitioners herein, being the legal heirs of one Bage Khan, filed a complaint with the Director General, Anti Corruption Bureau against a Judicial Officer who was, at the relevant time, posted as the Additional Chief Judicial Magistrate, Pokaran. It was alleged in the complaint that Shri Bage Khan owned khatedari land measuring 94 bighas 6 biswas in the Patwar Halka Badhewa, Tehsil Pokaran. A revenue dispute arose between the complainant party and accused persons, namely Kadar Khan and Ilamddin owing to the alleged fraudulent mutation of the said agricultural land which was entered in the names of the two persons named above. The complainant party filed a mutation appeal in the Court of District Collector, Jaisalmer against the alleged illegal mutation entries. The appeal was accepted by order dated 11.06.2002 and the two mutation entries made in the names of Kadar Khan and Ilamddin were cancelled and the Tehsildar, Pokaran was directed to make an inquiry and to rectify the error and enter the mutation of the disputed lands in the names of legal heirs of Bage Khan.

3. Kadar Khan and others challenged the order dated 11.06.2002 by filing two separate appeals in the Court of Additional Divisional Commissioner, Jodhpur. Both the appeals were rejected and the order dated 11.06.2002 passed by the SDM was upheld. The two orders referred to above, were not challenged any further and became final.

4. An FIR No.12/2001 was registered by Smt. Lakhmo W/o Baghe Khan (mother of the petitioners) against Kadar Khan and others in relation to the fraudulent mutation at Police Station Falsund for the offences under Sections 420, 467, 468, 471 and 120-B of the IPC. Prolonged investigation was conducted and ultimately, on 26.05.2009, a charge-sheet was filed in the Court of Additional Chief Judicial Magistrate, Pokaran for the above offences against four accused namely Kadar Khan, Gafoor Khan, Makne Khan and Hadaram. The Judicial Officer concerned (against whom the present complaint was filed) was posted as ACJM, Pokaran at that time. The complainants, attributing oblique motives to the Judicial Officer, alleged that despite knowing that the parties were having a bitter dispute amongst themselves, the Judicial Officer, acted in hot haste and completed the trial within a short period of four months without summoning the material witnesses. The accused were acquitted by judgment dated 22.09.2009. The case had been registered as a State case and by the time, charge-sheet came to be filed, Smt. Lakhmo, the original complainant passed away. Thus, the petitioners were not aware of the judgment of acquittal and could not challenge it. It was further alleged that within a matter of two months from the date of recording of acquittal of the accused, the arraigned Judicial Officer, himself purchased the property despite the knowledge that the fraudulent mutation entries of the disputed land made in the name of Kadar Khan and others had been cancelled long back. In order to avoid exposing himself in the fraudulent scheme, the Judicial Officer dishonestly got the registered sale-deeds of the property executed in the names of his sisters-in-law Smt. Kalawati wife of Lalit Kumar and Smt. Sarla Devi wife of Loonkaran Singhal, residents of Gunga, Tehsil Shiv, District Barmer, who are having no independent sources of income. The complainant party thus alleged that the land was as a matter of fact, purchased and acquired by the Judicial Officer for himself in a Benami fashion by keeping the two ladies in front. It was further alleged in the complaint that the Judicial Officer, totally bypassed