JUDGMENT :

Sudesh Bansal, J.

1. Three petitioners have jointly filed the present criminal misc. petition under Section 482 Cr.PC, for quashing of criminal proceedings against them in Criminal Complaint No.289/2010; JDA Vs. Radhey Shyam Agrawal & Ors., pending before the Court of Additional Chief Judicial Magistrate No.1, Jaipur Development Authority, Jaipur, wherein after taking cognizance for offences under Sections 31-32 of the Jaipur Development Authority Act, 1982 (hereinafter for short “the JDA Act”), vide order dated 02.12.2010, process has been issued against petitioners. Petitioners, after service of summons, filed an application dated 22.09.2011, seeking to reject the criminal complaint on various grounds, but that application has been dismissed by the Court of Magistrate vide order dated 18.10.2012, hence the order dated 18.10.2012 has also been impugned by the petitioners in the present petition.

2. Briefly stated, it appears from record that on the basis of a Factual Inspection Report dated 12.11.2010, a criminal complaint against petitioners, has been filed on 02.12.2010, in respect of an illegal and unauthorized construction in rear setback portion of about 8’ 3”X 75’ ar