SUBRATA RAY & ANR Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition, a prayer is made for quashing of proceedings of Case No.06/2005, pending before Additional Chief Judicial Magistrate, SPE Cases, Jaipur.

(2.) LEARNED counsel for petitioners submits that an FIR bearing No.RC/JAI/2003A/0012 was registered with Police Station S.P.E., CBI, District Jaipur. The allegation therein was that Shri Kamlesh Kumar, the then General Manager and Shri C.P. Pandey, the then Manager, National Highways Authority of India, New Delhi, while working as public servant during the year 1996, misused their official position. They entered into criminal conspiracy with Shri Subrata Ray, President of M/s. Birla GTM and cheated National Highways Authority of India. It was for award of contract for construction of 126 km. four lane road from Gurgaon to Kotputli in Rajasthan.

(3.) ON the invitation of tender, 13 bids were received and out of which, M/s. Birla GTM stood second lowest bidder. The lowest bidder, M/s. Gammon India Ltd. was disqualified. It is alleged that as per condition of contract, the tenderer was required to have a joint venture with a foreign renowned road construction company. M/s.Birla GTM had submitted forged joint venture agreement with M/s. Enterprises Jean Lefebvre ("EJL") of France. The joint venture agreement, dated 26.06.1996, was allegedly signed by Shri Subrata Ray for EJL though stamps for it were purchased on 03.07.1996. The EJL, France reported that they had not entered into joint venture agreement with M/s. Birla GTM. In view of the aforesaid report, case was registered for offence under Sections 120B, 420, 468 and 471 IPC apart from Section 13(2) and Section 13(1)(d) of Prevention of Corruption Act, 1988 (in short "Act of 1988").