SIDDHARTH MRIDUL, J.

1. The present writ petition seeks the following prayers:-

“(a) In the nature of certiorari quashing the FIR RC No.DAI-2014-A-0040 under section 168 of the Indian Penal Code against the petitioner registered by the respondent at CBI, Anti Corruption Branch (ACB), New Delhi and consequent proceedings arising therefrom.

(b) Quash and set aside the impugned order dated 21.11.2014 passed by the Ld. CMM, (South), Saket Court, New Delhi and the proceedings therefrom.

(c) Pass such other order restraining the respondents, their offices and the IO from taking any further action against the petitioner on the basis of FIR and the impugned order or stay the operation of the impugned FIR and the order dated 21.11.2014.

(d) Pass such other and further order as this Hon’ble Court may deem fit and proper in the facts and circumstances of this case.”

2. The petitioner is an officer belonging to the Indian Telecommunication Services (ITS), 1986 Batch and is presently posted as General Manager, Bharat Sanchar Nigam Limited, Noida, Gautam Budh Nagar, Uttar Pradesh.

3. The facts leading up to the filing of the present petition are encapsulated as under:-

(a) An application dated 21.11.2014 purportedly under section 155 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) was filed before the Court of CMM, Saket Court, New Delhi by one Sh. Nishit Mishra, Superintendent of Police, CBI, ACB, New Delhi. In the said application it was inter alia averred that the petitioner herein who was a public servant had engaged himself in private business, in association with his wife, Ms. Meenakshi Gupta, and promoted a company called M/s Tuhina Fashions Garments Pvt. Ltd. in the year 2005. Name of the said company was subsequently changed to M/s AMG Infra Developers Pvt. Ltd. in order to enter into the telecom business as well.

(b) It was also alleged that the petitioner promoted another company namely M/s AMG Infocom Pvt. Ltd. and that the said company was used as a supplier of telecom equipments to various telecom companies.

(c) The application further alleged that the petitioner had opened roaming Current Account No.6284015016554 on 22.05.2008 with ICICI Bank, Sector-50, Noida in the name of M/s AMG Infra Developers Pvt. Ltd. under his signatures and in the capacity of a Director of the said company.

(d) It was further alleged that on 16.12.2008, the petitioner was replaced by his son Mr. Vibhor Gupta as the cheque signing authority of the said company M/s AMG Infra Developers Pvt. Ltd.

(e) Furthermore, it was alleged that on 25.09.2006 a roaming current account No.025305001329 was also opened by the petitioner with ICICI Bank, Sector-61, Noida under his signatures.

(f) It was lastly alleged that the petitioner signed some of the cheques from the said account of M/s AMG Infra Developers Pvt. Ltd. as its authorized signatory between the year 2006 to 2009.

(g) The case of the CBI, therefore, is that the petitioner herein being a public servant was prohibited from indulging in private trade and business and, therefore, prima facie a case under section 168 of the Code was committed.

(h) On the basis of the above allegations, the said application dated 21.11.2014 sought permission to register an FIR in terms of section 155 of the Code.

4. By way of the impugned order dated 21.11.2014, the learned CMM, Saket Courts, New Delhi passed the following order:-

“21.11.2014

Present: Inspector Anand Swaroop on behalf of complainant.

Shri Nishith Mishra, SP, CBI, ACB, New Delhi along with Shri Ratan Deep Singh, Ld. APP.

Heard on the application under section 155 Cr. P.C. seeking permission to investigate the offence under section 168 IPC.

Perused the complaint. The complaint, prima facie, discloses the commission of aforesaid offence and this court is of the opinion that it would be in the interest of justice if the matter is thoroughly investigated to unearth the truth and to fix the culpability of suspect.

In view of the above, the comp