- (1.) THIS Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the petitioners with a prayer for quashing the FIR No.103/2012 dated 25.04.2012 of Police Station, Dungarpur, District Dungarpur registered against the petitioners for offences punishable under Sections 409 and 120 -B IPC and under Sections 13(1)(C)(D) and 13 (2) of Prevention of Corruption Act, 1988.
(2.) LEARNED counsel for the petitioners has submitted that the impugned FIR was lodged against the petitioners without conducting any enquiry at administrative level. It is also contended by learned counsel for the petitioners that it is alleged in the Jaissa Bhai Damor and Ors. V/S State of Rajasthan impugned FIR that the petitioners have made irregular payment of Rs.79,71,683/ - in developments works in MNREGA Scheme at Gram Panchayat, Zharni, however, for the same amount the Rural Development and Panchayat Raj Department has issued recovery notices and those notices were challenged by the petitioners through writ petition before this Court, wherein this Court has stayed the said recovery vide interim order dated 26.10.2010.
(3.) LEARNED counsel for the petitioners has, therefore, prayed that since the matter regarding recovery of the amount mentioned in the impugned FIR is subjudice before this Court the impugned FIR filed against the petitioners may kindly be quashed and set aside.;