- (1.) 1. By this writ application, the writ petitioner has prayed for quashing of FIR registered on June 14, 1999 and the consequential investigation in CBI/ SPE/ ACB/Calcutta Case No. RC 18/99 under sections 120B/420/468/471/ 477A of the Indian Penal Code and section 13(2) read with section 13(l)(d) of the Prevention of Corruption Act, 1988.
(2.) The facts giving rise to the filing of the instant writ application may be summarised thus : a) The petitioner was entrusted by the Eastern Railways to do various works as per diverse contracts sometimes in the year 1986. Ultimately, disputes arose as to the amount payable to the petitioner by virtue of those contracts and consequently the differences were referred to arbitration in terms of Arbitration and Conciliation Act, 1996. By an order dated May 8, 1998 the then Hon'ble Chief Justice appointed Justice Anil Kumar Sen, a retired Chief Justice of this Court, as the sole Arbitrator in respect of all the 26 applications filed by the petitioner. b) On August 31, 1998, the learned Arbitrator allowed the claims of the petitioner in full and passed awards amounting to Rs. 32,83,36,357/- including interest. c) Thereafter, on December 10, 1998 the Railway Authority filed 26 applications under section 34 of the Arbitration and Conciliation Act, 1996 for setting aside those 26 awards. In course of hearing of such applications under section 34 of the Act, the Railway Authorities for the first time alleged that no contract was executed between the parties and that the petitioner did not execute any work whatsoever and that the petitioner had committed forgery and was guilty of fabricating documents. It was further alleged that the petitioner influenced some of the officials of the railways and in collusion and conspiracy with them procured the award. d) Subsequently on the complaint of the Railway Administration, the Central Bureau of Investigation (CBI) has registered a case being No. R.C. 18 of 1999 dated June 14,1999 against the petitioner and some railway employees. The sum and substance of the complaint is that on verification of the signatures in the tender papers, it was found that the signatures, other than those of two officers, were not genuine and that one of them was not available in the station and was attending a foreign training in U.K. It was further alleged that seals and stamps available with the letters of the contractor said to be deposited with the Railway Authority are not genuine because such type of seal or stamp was not used by the Railway Receipt Section of the concerned offices. e) It is further alleged that the source of Ballast supply to railway was not capable to undertake delivery of such huge quantity within a short period of 3/4 months. It was further asserted that signature of one of the P.W. It was fake and that of two others were found to be visually fake.
(3.) By this writ application, the writ petitioner has prayed for quashing of the aforesaid FIR mainly on the ground that before lodging such complaint on 24th May, 1999, which was registered on 14th June, 1999, the Railway Authority earlier lodged two other complaints before the CBI, one in the month of October, 1998 and other in the month of March, 1999 but the CBI after investigation having found no merit in those complaints, did not proceed any further. According to the petitioner the sole object of the respondents is to get rid of 26 awards given against the Railway Authorities. It is pointed out that a learned Single Judge of this Court has rejected all the applications filed under section 34 of the Act and against those decisions, 26 appeals are pending before the Division Bench of this Court.;