ORDER :

1. This special leave petition is against a judgment and order dated 28.1.2021 passed by the High Court of Judicature at Bombay allowing Criminal Writ Petition (ST) - 4298-2020 and quashing the FIR dated 3.3.2020 in exercise of the power under section 482 of the Criminal Procedure Code for having committed offences under section 285, 406, 420 and 427 read with section 34 of the Indian Penal Code (IPC).

2. The respondents No. 1 to 4 are the Directors of M/s Ramkey Reclamation and Recycling Private Limited, a company within the meaning of the Companies Act, 2013 engaged in the business of environment management services and hereinafter referred to as the “Company”.

3. The company has floated a tender inviting bids for recycling of plastics. The petitioner submitted his bid through his company M/s JK Waste Recycling Private Limited. It is not necessary to set out the terms and conditions of the tender. Suffice it so note that the petitioner lodged an FIR against respondents No. 1 to 4 making the allegations set out hereinbelow for convenience :-

“1, Gurkanwarpal Kirpal Singh, Age 68 years, Occupation Company-Director, R/o 3 Monarchy Palace Orchid NIBM Road, Undri, Pune, Mob. No. 8805025200, give statement in person in Khandala Police Station that I live along with family at the above-said place. We have a Plant for manufacturing paralysis oil by recycling the plastic in our Company –J.K. Waste Recycling Pvt. Limited and for that we receive waste plastic material from different companies and it is processed in our company. In the Month of June 2019 Satish Chetty and Surya prakashan. Managers of Ramky Reclamation and Recycling Pvt. Ltd. Hyderabad, Telangana State, contacted our company through email and informed to give us order for recycling of waste material in their company for which you will have to first conduct testing of our material in your company and if it is conducted well, we will purchase three plants from you. As the said Company is a reputed Company we believed them and informed them our consent by email for conducting recycling test. At that time I came to know to the above mentioned representatives of the said company. Then after, in the Month of September 2019 the company sent its representatives Animesh Roy and Vyankatesh and six ton material plastic composite material for conducting testing of the said material. Then after, Director of our Company Kanwaljit Singh after talking to representatives of the said Company decided to conduct the said testing into two phases of three tons each. Animesh Roy and Vyankatesh conducted testing of the said material on dt. 15.9.2019 and dt. 19.9.2019 and sent report to Ramky Company. Then after, Ramky Company sent email to our company and informed that the testing conducted in your company is successful and we are satisfied regarding it, however, we have to conduct one more testing; and believing them we showed our readiness for conducting third testing also. Then after, again in the month of (October 2019 Ramky Company sent its plastic composite material and its representatives Animesh Roy and Vyankatesh for testing. At that time our Director Kanwaljit, looking at their material told them that this material is wet and has smell of different type and this material seems different than the earlier material. To this they told not to worry of it and believe us. Believing on them testing process of the said material began in our Plant on dt. 11.10.2019. At that tune, nut of the plant machinery came out and pipe began to crank and by formation of different kinds of acids, vacuum purnp, condenser, reactor oil tank got brokedown and failed to work and to avoid fire in the Company because of it, we stopped the said process and therefore loss of lives and damage to the Company was averted. In the said recycling test, as our Company sustained a loss of about Rs. 62,00,000/- when we contacted Ramky Company by email and informed them of the incident that took place, they informed us t