JUDGMENT :

ROBIN PHUKAN, J.

1. This petition, under Section, 482 Cr.P.C. is preferred by Shri Pulak Dev S/o Late P.C. Dev of Subarnarekha Apartment, AD-1/1A-Rajarhat Road, Baguiati, Kalkata for quashing the FIR dated 26.06.2000 and Charge-Sheet No. 03/2004, dated 28.05.2004, and criminal proceeding being G.R. Case No. 05/2000/294, under section 120(B)/420 Indian Penal Code pending before the JMFC, Tawang.

2. Heard Mr. K. Lollen, the learned counsel for the petitioner and also Mr. U. Bori, the learned Addl. PP for the state of Arunachal Pradesh. Also heard Mr. L. Perme, the learned Standing Counsel, for respondent No. 2, i.e. Executive Engineer (power), Tawang Electrical Division.

3. The factual background leading to filing of this criminal petition under Section 482 Cr.P.C. is adumbrated herein-below:

“In 18.03.1993, the Govt. of Arunachal Pradesh entered into an agreement with M/s SPML Infra Limited (hereinafter, FIRM) for construction, supply of commissioning of the Nurarnang Hydel Power Project at Tawang, including three generating units at a consideration of Rs. 24.96 Crore (Approximately). Thereafter, the firm executed the project on turned key basis including construction of all t