Metropolitan Magistrate Abhilash Malhotra listed the plea for February 2 after hearing submissions of the counsel for the complainant who alleged "deep-rooted corruption" and said the documents showed no material was actually purchased for completing the work.
The court was hearing the complaint filed by Rahul Sharma, founder of Roads Anti-Corruption Organisation (RACO), in which officers of Delhi government's Public Works Development (PWD), Kejriwal and his brother-in-law Surender Kumar Bansal, proprietor of a construction firm, were accused of corruption and an FIR was sought to be lodged against them for alleged offences including cheating, forgery and criminal conspiracy under the IPC.
He alleged that the role of the Chief Minister must be investigated as he had allegedly caused substantive gains to Bansal and others by using his influence.
The plea also sought prosecution of P K Kathuria, the then executive engineer in PWD, claiming he had connived with other government officials and abused his position to obtain huge money for himself, Bansal and others.
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Another court had earlier dismissed Bansal's plea to
transfer the matter from the court of magistrate Malhotra, saying the application was not maintainable.
The EOW had earlier filed a status report seeking time to conclude its inquiry into allegations of irregularities in grant of contracts for roads and sewer lines in the city.
The complainant has alleged that documents showing purchase of material were "concocted and forged", and a loss of over Rs 10 crore had been caused to the public exchequer.
The complainant alleged that Bansal operated through several dummy firms to obtain the government contracts in connivance with several senior PWD officials. These contracts never got executed "whereas shockingly all the payments were cleared under pressure from Kejriwal".