Penal Code, 1860–Secs. 420, 467, 468, 471, 406 & 120-B [Corresponding Secs. 318(4), 338, 336(3), 340(2), 316(2) & 61(2) of BNS, 2023]–FIR for the offence–Allegation of grabing the land unauthorisely and intending to sell the same fraudulently–It is clear that the petitioners have been granted the khatedari rights–Issue regarding payment of compensation of the acquired land is still sub-judice before this Court and Hon’ble Apex Court has already ordered to keep reserve 25% of the developed area–Until and unless, these issues are decided, it cannot be concluded that who would be entitled for the compensation–Originally, the land was allotted to Sahakari Samiti and the Rajasthan Co-operative Socities Act provides the offences and penalties–Guilty person can be penalized under the provisions of Sec. 71 of the Act–When there is a special law for penalizing someone for doing an act, in that situation, no proceedings can be initiated for the offences under Indian Penal Code–Proceedings are liable to be quashed.
