JUDGMENT :

This petition, under Section 438 Cr.P.C. is preferred by Shri Gollo Tukia for quashing the complaint case No. 51/2021 (M/s North India Engineering Vs. Shri Gollo Tukia) under Section 463/464/465/466/469/471/474 of the Indian Penal Code, pending before the Court of learned Judicial Magistrate First Class-cum-Civil Judge (Jr. Div), Capital Complex, Yupia.

2. The factual background leading to filing of the present petition is briefly stated as under :-

“On 01.02.2019, Rural Works Department of Government of Arunachal Pradesh has issued 2 (two) NITs: (i) C/o road from Khunglo to Rupung Village for a sum of Rs. 19,42,00,900/- (ii) C/o road from SRDP-NE from Papu-Yupia, Potin, 25 km point to Daktehoj. In the first tender process, the petitioner, being the authorized agent of M/s Gepong, had participated, but the respondent was declared to be the successful bidder for both the works and ultimately, the work was allotted to him for execution. Thereafter, the petitioner came to know that the respondent, who was a Class-I Contractor under the Public Works (roads) Department of Assam, has resorted to fraudulent practice in order to obtain its registration certificate. Then, the petitioner enquired about some document and filed one RTI on 01.01.2020 and thereafter, came to know that the documents, upon which the respondent had relied upon to get the Class-IA Contractor Registration Certificate, are forged and fabricated documents. Thereafter, the petitioner reported the matter to the Chief Engineer, PWD (roads), Assam. Thereafter, the Chief Engineer, PWD (roads), Assam, vide order dated 18.03.2020, barred the registration of the respondent. The said order of the Chief Engineer, PWD (roads), Assam, was challenged in WP(C)/5039/2020, wherein, by setting aside the impugned order dated 18.03.2020, this Court has remanded the matter for fresh consideration. It is the contention of the petitioner that the respondent on the strength of fabricated documents, got registered as Class-IA contractor under the PWD (roads), Assam and, thereafter, on the basis of such registration, participated in the tender process in Arunachal Pradesh and has been awarded the works, C/o Khunglo to Rupung Village for a sum of Rs. 19,42,00,900/-and C/o road from SRDP-NE from Papu-Yupia, Potin, 25 km point to Daktehoj. The conduct of the respondent led to the violation of rights of other participating tenderers including the petitioner and the petitioner then filed a writ petition, being WP(C)/3454/2021, praying for a direction to the authorities to initiate appropriate action against the respondent which came for consideration before this Court on 02.08.2021, and this Court was pleased to issue notice. Thereafter, the respondent filed one Criminal Complaint Case No. 51/2021, before the Court of learned Judicial Magistrate First Class-cum-Civil Judge (Jr. Div), Capital Complex, Yupia, to take revenge on the petitioner and put up a defence in the WP(C)/3454/2021 by abusing of process of law as well as the process of the Court. Upon the said complaint, the learned Court below took cognizance of the offence on 31.08.2021 and issued summon to the petitioner for appearance. It is the further contention of the petitioner that the said complaint has been filed by the respondent alleging that the documents which were received by the petitioner from the Office of Chief Engineer, PWD (roads), Assam, vide RTI reply dated 01.01.2020, were fake and fabricated. The respondents alleged that such documents were never submitted by him while applying for the Class-IA Registration Certificate and that the same were fabricated by the petitioner. In support of such contention, the petitioner has enclosed the documents, which he had submitted while obtaining the renewal Registration Certificate, dated 09.01.2019. But the respondent has failed to show the documents that it had submitted while obtaining the original Registration Certificate dated 24.09.2018. As such, the documents recei