I am an employee of Central Public sector enterprise. Recently, a contract executed between my organisation and the contractor was terminated by the organisation in line with the conditions of contract. After termination, as per the instructions of management, I myself and 5 more officials including CISF personnel were directed to take into custody certain materials and machinery of the contractor available at site and place it in the stores of the organisation. The contractor was paid certain cash advances by the organisation for procurement of the said material & machinery. Also, Indemnity bond has been executed by the contractor in favour of the organisation for the said materials. On the first day of shifting of material, the contractor willfully allowed the same and also signed the joint recordings. But the next day, he allowed shifting of materials but refused to sign the joint recordings. So, CISF was taken as third party witness and signed the joint recordings. After shifting the material, the details of materials shifted was communicated by letter to the contractor and he was asked to verify it as per his convenience. But he did not respond to it. Subsequently, the contractor filed a criminal complaint in the local police station against me and the five individuals under section 382 & 397 (a), r/w 34 of IPC charging illegal seizing of material and machinery and dacoity. The local police took our statements and made their investigation and did not file FIR. Later, the contractor approched the court of Judicial Magistrate FC with the same complaint citing inaction by Police. JMFC issued the order to local police to investigate the offence under sec 156(3) of CrPC, to send the complaint to police stn for registering the crime and treating complaint as FIR. Subsequently, police filed an FIR. They have recorded my statement as accused 1. We are considering to approach High court under Sec 482 for quashing of FIR on foll grounds - 1) The action taken is not personal in nature and has been taken in discharging of duties as a public servant to safeguard public interest. 2) The dispute is totally civil in nature and does not form a cognizable criminal offence. 3) The contractor has already initiated arbitration proceedings against organisation and dispute can be taken up in the arbitration. 4) The basic purpose of complaint is to harass the individuals and put them under undue turmoil. Kindly share your opinion if the case for quashing will stand or suggest improvement/remedy.
