SURYA PRAKASAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of learned counsel appearing for the parties, heard finally.

(2.) The petitioners before this court are officers of a Hyderabad based company viz. Ramkey Reclamation and Recycling Private Limited, which is engaged in the business of environment management services. They have approached this court seeking quashing of the First Information Report ("FIR") dtd. 03/03/2020 filed against them at Police Station Khandala, District Satara, for alleged offences punishable under Ss. 285, 406, 420 and 427 and Sec. 34 of the Indian Penal Code ("IPC"). The said FIR has been registered pursuant to a complaint lodged by respondent No.2.

(3.) The said company had floated a tender inviting bids for recycling plastic. Respondent No.2 submitted bid through his company viz. JK Waste Recycling Private Limited in response to the invitation of bids on behalf of the company in which the petitioners are officers. There was a condition in the tender that the bidder would have to successfully carry out trial to recycle plastic waste material sent by the petitioner-company. There were two trials conducted successfully by the company of respondent No.2 of recycling plastic waste material. But, in the third round of such trial, an incident occurred wherein during the course of such trial, gases started getting generated and fearing an untoward incident, the company of respondent No.2 put a halt to the trial in the presence of the officers of the company in which the petitioners are employed.