DINESH GUPTA,J. - (1.) WE have heard Shri Vijay Bahadur Singh, learned Senior Advocate assisted by Shri Uday Pratap Singh, learned counsel for the petitioner, Shri G.S. Chaturvedi, learned Senior Advocated assisted by Shri Ronak Chaturvedi, learned counsel for NOIDA- respondents No. 4 and 5 and learned Additional Government Advocate.
(2.) THIS writ petition has been filed for a direction to stay the arrest of the petitioner and quash the FIR in case crime No. 371 of 2012, under sections 409, 420, 466, 467, 469, 471 and 120-B IPC and 13(1)(D)/13(2) of the Prevention of Corruption Act, 1988, PS NOIDA Sector 39, district Gautam Budh Nagar. Briefly the allegations in the FIR were that underground cables were to be laid after removing overhead cables for laying 33 K.V.A and 11 K.V.A L.T. line in Sector 39, NOIDA during the period 14.12.2011 and 23.12.2011. In a short period of eight days in the various engineering departments, Rs. 954.38 crores were spent on construction work, whereas normally in a financial year a sum of Rs. 2000 crores is paid.
(3.) IT was further mentioned in the FIR that although agreement was entered into between the NOIDA and the contractor, i.e. M/S J.S.P. Constructions on 8.12.2011, but it was found by the supervising firm (Rites) that 60% of the cable had already been laid by 20.9.2011. From this an inference has been drawn that the process of calling for tender had been done in a dishonest manner and in collusion with the concerned contractor the work had already been assigned to the chosen contractor.;