P.K. Jaiswal, J.

1. Since a common question of law is involved in these criminal revisions and misc. criminal cases, therefore, they are heard together and disposed of by this order. For the sake of convenience the facts are borrowed from Criminal Revision No. 1011/2016. The petitioners named above seeking to challenge the charges framed against them vide order dated 25.5.2016, passed by the Special Judge, Indore in Special Case No. 5/2013, rejecting the application of the petitioners under Section 218 of Cr.P.C. and framing charges under Sections 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred as P.C. Act. 1988) and under Sections 109, 201 and 120B, IPC.

2. In Criminal Revision No. 1011/2016 and other connected cases, the core question, which arises for consideration is whether, the revisional petitioner therein and other accused persons can be charged and tried by the Special Judge under Section 13(1)(d) and 13(2) of 'PC. Act. 1988', 120-B and Sections 109, 201 read with Section 120-B, IPC.

3. Facts giving rise to this criminal revisions and misc. criminal cases under Section 482, Cr.P.C. are that, in the year 1944, the then Director of Industries, Govt. of Indore, as per the provisions of City of Indore Improvement Trust Act, 1924, leased out 8 acres of land bearing Survey No. 613 (part), situated in village Sukhliya, Tehsil and District, Indore, to M/s. Himmatlal & Company (in short Original lessee No. 1) for establishment of Pottery industry for ten years w.e.f. 6.3.1944. It was subsequently renewed for a period of ten years till 6.3.1964.

4. The land in question along with some other properties of Town Improvement Trust was transferred to the Municipal Corporation, Indore. In 1965, after expiry of renewal period, the Indore Municipal Corporation filed a suit for recovery of the possession of the said land as well as for recovery of lease rent @ Rs. 3600/- per annum vide Suit No. 1/1965, which was subsequently re-numbered as CSN 2-A/1977.

5. On 21.3.1975, master plan of Indore came into existence under the provisions of M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973. As per master plan, which came into force in 1975, the use of the land in question has been changed from Industrial to Residential purpose.

6. Later on in the suit on 13.11.1980, a compromise application was jointly filed by the parties, which was accepted and recorded by the Second Civil Judge, Class I, Indore and on the same day a decree was passed. As per compromise decree, out of 8 acres of land, 5 acres of land was returned to and retained by the plaintiff - Indore Municipal Corporation and the remaining, 3 (three) acres of land (1,31,600 Sq. ft.) continued to remain in possession of the defendant - M/s. Dhanlaxmi Chemical Industries, to whom a lease for a period of 30 years commencing from 13.11.1980 to 12.11.2010, was granted by the Municipal Corporation, Indore. Clause n] d] [k] x] ?k] ;] j] y of the compromise decree are relevant which reads as under:-

^^¼n½ ;g fd vkt fnukad ls 30 o"kZ ds fy, lnj rhu ,dM+ Hkwfe dk :i;s 1500 ¼iUæg lkS½ ÁFke nl o"kZ rd Áfroknh mijksDr fglkc ls vnk djrk tkosxk o nl o"kZ i'pkr fnukad 13-11-1990 ¼rsjg uoEcj mUuhl lkS uCcs½ ls Áfroknh :i;s 2400 ¼:i;s nks gtkj pkj lkS½ dh nj ls nkfo;k lnj Hkwfe dk fdjk;k vnk djsxkA

¼d½ ;g fd Áfroknh gj o"kZ fdjk;k vfxze tek djsxkA

¼[k½ ;g fd lnj txg ij Áfroknh] fcuk oknh ls l{ke Lohd`fr ÁkIr fd;s] fdlh Ádkj dk dksbZ u;k fuekZ.k ugha djsxkA

¼x½ lnj Hkwfe dh yht fjU;w Ogwy rhl&rhl o"kksZ dh vof/k ds fy;s rRdkyhu fuxe ,oa Áfroknh yslh ds njE;ku tks mi;qDr 'krsZ Bgsjxh] mu 'krksZ ij fu.kZ; fy;k tkosxkA

¼?k½ ;g fd uxj ikfyd fuxe vFkok 'kklu dks lnj tehu dk tc dHkh Hkh okil ysus dk Bgjk rks gqDe feyrs gh] fuxe ds lqÁr dj nsxk vkSj uqdlkuh og gtkZus ekaxus dk vf/kdkj Áfroknh dks jgsxk ughaA

¼;½ ;g fd fuxe ds gDd esa Áfroknh vius [kpsZ ls fuxe dh 'krZ vuqlkj yht ,xzhesaV Hkh fuxe dh lwpuk feyus ls iUæg fnu ds vUnj fy[kdj jftLVMZ djok nsxk] tks Áfroknh dh