1 2025:CGHC:8714-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 522 of 2018 1 - M/s Dhruv Guards Pvt Ltd. Through Its Director, Lt. Col ( Retd) Vijendra Singh Yadav Registered Office At F-20, Manish Global Mall Sector -22, Dwarika New Delhi, District : New Delhi, Delhi 2 - Lt. Col (Retd) Narendra Singh Ex. Director M/s Dhruv Guards Pvt Ltd. New Delhi, District : New Delhi, Delhi ... Petitioner(s) versus 1 - Central Bureau Of Investigation (C. B. I.) Through S. P. (C. B. I.) Qr. No. 4, Street 15, Sector-9, Bhilai, District Durg Chhattisgarh, District : Durg, Chhattisgarh ... Respondent(s) For Petitioner(s) : Ms. Ritika Dubey, on behalf of Mr. Malay Shrivastava, Advocate. For Respondent(s) : None Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 19/02/2025 1. Heard Ms. Ritika Dubey, appearing on behalf of Mr. Malay Shrivastava, learned counsel for the petitioner. None appears on behalf of the respondent. 2. The petitioner has filed the instant petition under Section 482 of the Code of 2 Criminal Procedure, 1973 for quashing of the FIR dated 27.06.2014 registered as Crime No. RC 01242014A004 registered with the CBI, Raipur for the offence under Sections 120-B, 420 of IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. 3. The petitioner has prayed the following relief in the present petition: "1. It is, therefore, prayed that this Hon'ble Court may kindly be pleased to quash and set aside the entire criminal proceeding and impugned First Information Report (FIR) No. 01242014A004 dated 27/06/2024 (Annexure -P/5) filed by the Respondent CBI, Raipur (C.G.) whereby the petitioner has been accused of offences punishable under Sections 120-B, 420 of the Indian Penal Code along with Section 13(2) r/w 13(1) & (d) of the Prevention of Corruption Act, 1988, in the interest of justice. 2. That the entire record from Special Judge, CBI Court Cases, Raipur (C.G.) be called for just decision of the case. 3. That any other order that this Hon'ble Court deems fit in the interest of justice be awarded to the applicant." 4. Brief facts of the case are that the petitioner is the DGR Sponsorship Security Private Limited who provided security to Forest Government Organization to the Bishrampur Mines of Area of SECL (Sough Eastern Coalfields Ltd.). A work order was issued in favour of the petitioner company by the SECL on 29-30/03/2011, for deploying the Guards at Bishrampur Mines of SECL and adjoining areas. The petitioner company has employed 225 manshifts everyday for security reasons for a period of 02 years i.e. 16.04.2011 to 15.04.2013. The formal agreement was also executed between the parties on 30.03.2011 which has been signed by them. 3 Clause 3.1 of the said agreement provides the contractors obligation which includes the engagement of minimum 90 % ESM within 3 months, from the time given in it by the SECL. The SECL after completion of the contract in the year 2013 invoke the arbitration clause under Section 11 of the Arbitration and Conciliation Act, 1996 against the petitioner company. The SECL has also filed the statement of claims under Clause 17 of the agreement and claimed damages. The petitioner company by filing its reply denied the liability and submit that the petitioner company has maintained 90 % ESM ratio in maximum of the time during the tenure of the agreement but as a coercive measure, the SECL has lodged an FIR on 27.06.2014 on the ground that as per the contract, there is extra payment have been made to the petitioner's company by which they have committed offence. The CBI has registered the offence against the petitioner company and started investigation which is under challenge in the present petition. 5. Learned counsel for the petitioner would submit that the FIR lodged against the petitioner company is misused by the process on the fact that neither in the agreement nor in the work order the consequence was given for criminal prosecution of the company in the agreement. There is an arbitration clause and no criminal liability can be fasten upon the petitioner company. The basic ingredients of Section 13(1)(d) and Section 13(2) of the Prevention of Corruption Act, 1988 are missing and there is no criminal misconduct by a public servant/public authority. The petitioner company is a private institution and cannot be held for liable for the commission of the offence under the Prevention of Corruption Act, 1988. The tenure of agreement has been expired in the month of April 2013 and the work was successfully performed by the petitioner with the satisfaction of the SECL without any objection or penalty. The petitioner company has maintained 90 % ratio of ESM and only to shift their burden upon the petitioner company, the SECL has lodged a report against the company. Therefore, no prima facie ingredients of the alleged offence is available in the FIR and the same is liable to be quashed. 6. She would further submits that in the present case the charge-sheet has 4 been submitted and charges have been framed and the trial of the case is in progress and the witnesses are being examined and some of the witnesses have been examined before the learned trial Court. 7. None appears for the respondent/Central Bureau of Investigation. 8. Considering the submissions made by learned counsel for the petitioner further considering the nature of allegation in the FIR and material annexed with the petition, further that the charge-sheet has been filed and charges have been framed and trial of the case is in progress and some of the witnesses have also been examined before the learned trial Court, we do not find any good ground to interfere in the matter in such an advance stage of trial. Accordingly, the present petition is dismissed. However, the learned trial Court is directed to expedite the trial of the case in accordance with law. 9. Interim order, if any, stands vacated. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.02.25 17:26:24 +0530