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Mr. V.R. Bajwa ] Mr. Tej Prakash Sharma, for respondent-UOI *** 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.

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 & 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.

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 & 471 IPC apart from Section 13(2) and Section 13(1)(d) of Prevention of Corruption Act, 1988 (in short Act of 1988).

It is stated that a case under the Act of 1988 was not found in the investigation by the CBI, thus charge sheet was filed against M/s. Birla GTM through P.C. Agrawal and Subrata Ray, for offences under IPC. It was in ignorance of various facts and even the dates relevant to the case. After opening the bid on 5th January, 1986, the contract was awarded to the company on 01.07.1996. It was based on the documents submitted with the bid. The agreement was then rescinded on 09.06.1997. It was by alleging submission of forged joint venture agreement. A settlement between the parties entered on 28.08.1998 wherein M/s. Birla GTM had paid a sum of Rs.5 crore, approx. In view of settlement between the parties, nothing remained to register the FIR. The FIR was yet registered followed by charge sheet and the order of cognizance.

As you are aware you were pre-qualified as Joint Venture of M/s Birla-GTM Entrepose Ltd (India) (BGE) & Entreprise Jean Lefebvre (France) (EJL) with EJL as Most Experience Partner (MEP) on the basis of the Memorandum of Understanding (MOU) submitted by you as part of the pre-qualification documents for bidding any combination of contracts of ADB-III Project (Loan No.1274-IND). You had furnished the bid for Civil Work Contract I of the above project and had made representation regarding your said joint venture. Birla GTM-Entrepose purporting to the Partner-in-Charge of the Joint Venture also submitted a purported Birla GTM-Entrepose-EJL (Joint Venture) Agreement dated 26.6.1996 which showed the following: