##PAGE1##

1

2026:CGHC:21891-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 1283 of 2026

1. Himanshu Sharma S/o Anil Kumar Sharma Aged About 34 Years

R/o Quarter No. 180, Jorapara, Sarkanda, Bilaspur, Chhattisgarh.

Present Address- Sivlahri Hostel, Bamveda, Gujrat.

2. Praveen Kumar Kesari S/o Late Nandlal Kesari Aged About 52

Years R/o Iceland 09 Royal Palmstate R A Colony Goregat East

Mumbai (M.H.), Present Address- 1701 Emrald Isle-2, Royal Palm

Estate, Aarey Colony, Goregaon East, Distt. Mumbai, (M.H.)

3. Pradeep Nayak S/o Late Dhruba Charan Nayak Aged About 50

Years R/o R.P. Nagar Lig/04 Phase 2 Rampur, Korba,

Chhattisgarh. Present Address- Savitri Nivas, Hig-B/111, Kaling

Vihar Stage B, Phase 3 Chhend, Rourkela, Distt. Sundergarh,

Odisha.

... Petitioner(s)

versus

State Of Chhattisgarh Through Station House Officer, P.S. Balco, Distt.

Korba, Chhattisgarh.

...Respondent(s)

(Cause-title taken from Case Information System)

Digitally

signed by

BRIJMOHAN

BRIJMOHANMORLE

MORLE Date:

2026.05.12

11:03:47

+0530

2

For Petitioners : Mr. Hrishabh Deo Shukla, Advocate.

For Respondent/State : Mr. Samuya Rai, Deputy Government

Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice

Hon'ble Shri Ravindra Kumar Agrawal , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

11.05.2026

1. Heard Mr. Hrishabh Deo Shukla, learned counsel for the

petitioners. Also heard Mr. Samuya Rai, learned Deputy Government

Advocate, appearing for the State/respondent.

2. The present petition has been filed by the petitioners with the

following prayer:

“It is therefore, most humbly prayed that the Hon’ble

Court may kindly be pleased to allow the instant

petition filed by the petitioners and the FIR dated

14.09.2022 bearing Crime No. 539 of 2022 registered

at Police Station Balco, District Korba (C.G.) along

with the entire charge-sheet and the entire criminal

proceedings bearing Criminal Case No. 3632 of 2022,

pending before Judicial Magistrate First Class Korba,

may kindly be quashed in the interest of justice.”

3. Learned counsel appearing for the parties submit that the issue

involved in this petition has already been considered and decided by

this Court vide judgment dated 13.02.2026 in CRMP No. 728 of 2023

whereby this Court has held as under:-

3

“8. The undisputed facts reveal that the incident in

question occurred on 14.02.2022 during the course of

maintenance work inside the factory premises of

BALCO, and the deceased, Agas Ram Sahu, was an

employee of the contractor, namely Thyssen Krupp.

The FIR has been lodged on 14.09.2022, i.e., after a

considerable lapse of time from the date of incident. It

is also not in dispute that immediately after the

incident, proceedings under the Factories Act, 1948

were initiated against the Factory Manager and

Occupier, who were prosecuted and punished under

Section 92 of the Factories Act for violation of

statutory safety provisions.

9. It is further evident from the record that the family

members of the deceased have already been paid

compensation of approximately Rs. 10,00,000/- by

the employer i.e. Thyssen Krupp. Apart from the said

monetary compensation, respondent No.4, being the

son/legal heir of the deceased, has also been granted

compassionate appointment on account of the

untimely death of his father. These facts demonstrate

that the statutory and contractual liabilities arising out

of the unfortunate incident have already been

addressed.

10. The principal allegation in the FIR is that due to

absence of proper safety arrangements and non-

functional warning systems, the deceased met with

the fatal accident. However, a careful reading of the

FIR and the charge-sheet does not disclose any

specific overt act or direct negligence attributable to

the present petitioners. The petitioners were holding

supervisory or managerial posts at the relevant time.

4

There is no material to demonstrate that any rash or

negligent act committed by them was the proximate

and efficient cause of death of the deceased.

11. The law with regard to Section 304A of the Indian

Penal Code is we