- (1.) Leave Granted. This appeal has been preferred by the appellant against the order dated 2nd March, 2012 passed by the Rajasthan High Court, Jaipur Bench in S.B. Criminal Miscellaneous Petition No.605 of 2006 titled Lokesh Kumar Jain v. State of Rajasthan. By the impugned order, the High Court refused to quash the FIR No.10/2000 lodged against the appellant under Section 409 IPC at Police Station, Dausa. The petition under Section 482 Cr.PC was disposed of by the High Court with the following observation: "This criminal misc. petition has been filed under section 482 Cr.PC for quashing of FIR No.10/2000 registered at Police Station, Dausa. This Court has asked the learned counsel for the petitioner whether challan has been filed or not. He replied that still challan has not been filed and the matter is under investigation. If it is to, the petitioner is permitted to file representation/documents on the basis of the judgment of the Hon'ble Supreme Court or anyother Court, the I.O. Should investigate the matter on the basis of the judgment/documents/representation so filed by the petitioner and thereafter shall file progress before the court concerned. Accordingly, the petition is disposed of."
(2.) In Order To Appreciate The Rival Stands Of The Parties, it would be necessary to notice the background facts in a greater detail.
(3.) The appellant was posted as Lower Division Clerk (for short, 'LDC') during the period November, 1996 to November,1997 in the Office of District Literacy Education Officer, Dausa. On 4th January, 2000, the District Literacy Education Officer, Dausa registered a First Information Report (for short, 'FIR') in Police Station, Dausa alleging therein that when the appellant was posted as LDCcum Cashier, a financial irregularity was committed by him. As per the report of Auditor General, an embezzlement of Rs.4,39,617/ has been discovered. The original copies of the bills and documents were available in the office of the Auditor General and in the office of Directorate for the State Literacy Programme. Therefore, on the basis of report given by the Auditor General, the FIR was filed.;