1 2025:CGHC:43145-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2670 of 2025 Rupesh Tiwari S/o Shri Umesh Tiwari Aged About 37 Years Resident of Dindayal Colony Police Station Civil Lines District- Bilaspur Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through Police Station Sirgitti Distt- Bilaspur (C.G.) 2 - Gulab Chand Patel A.S.I. Police Station Sirgitti, District- Bilaspur Chhattisgarh ... Respondents __________________________________________________________ For Petitioner : Mr. Himanshu Kumar Sharma, Advocate. For Respondent/State : Mr. Malay Jain, Panel Lawyer. __________________________________________________________ Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 26.08.2025 1. This petition has been filed by the petitioner for the following prayer :- “i. First Information Report (FIR) bearing No. 817/2024 dated 11/11/2024 u/s 106 of B.N.S 2023 registered at Police Station Sirgitt, District -Bilaspur, Chhattisgarh; II. The consequential Chargesheet bearing No. 110/2025 dated 11/05/2025 of Police Station Sirgitt, District Bilaspur Chhattisgarh, AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.08.26 18:26:58 +0530 2 arising out of the aforesaid FIR, filed for the commission of offence punishable under Section 106 of the Bharatiya Nyaya Sanhita,2023; iii. The order dated 29/05/2025 of Criminal Case no. 20311/2025 passed by the learned Judicial Magistrate First Class, Bilaspur, Chhattisgarh taking cognizance of the aforementioned charge sheet; iv. And The entire proceedings of Criminal Case No. 20311/25 titled 'State of Chhattisgarh vs. Rupesh Tiwari, pending before the Court of the learned Judicial Magistrate First Class, Bilaspur, Chhattisgarh.” 2. Learned counsel for the petitioner submits that the petitioner is engaged in the business of providing tents on rent during festival seasons and marriage functions. It is further submitted that one Ravindra Patanwar, who is the Patron/Organizer of the Ganesh Utsav Samiti, Surya Vihar Colony, Yadunandan Nagar, Tifra, Bilaspur (Chhattisgarh), had entrusted the work of establishing tents for the Ganesh festival to the petitioner. During the said period, one Sahil Chandani unfortunately died due to electrocution, as the electric wire came in contact with the tent. Based on above facts, police registered an FIR under Section 106 of BNS against the petitioner. The work of electricity connection is not related to the work of present petitioner. Learned counsel would further submit that the petitioner has filed video clips along with affidavit, which shows the involvement of the owner of house of incident place, i.e. 3 Ravindra Patanwar. Learned counsel submits that in order to save Ravindra Patanwar, the police has registered the crime against the petitioner. 3. On the other hand, learned counsel for the State submits that the petitioner had erected the tent during the Ganesh festival and due to the lack of carefulness or attention, an electric wire came in contact with tent, due to which, one person namely Sahil Chandani had died by electrocution. Charge-sheet has been filed in the present case and the offence which was registered against the petitioner is just and proper. 4. We have heard learned counsel for the parties and perused the pleadings and prayer made in the petition. 5. Considering the fact that the petitioner had erected the tent during Ganesh festival and one Sahil Chandani came in contact with the tent, in which, electric current was flowing, resulting in his death, it prima facie indicates negligence on the part of the petitioner. Hence, at this stage, we are not inclined to entertain this CRMP. However, if there is any involvement of the alleged person namely Ravindra Patanwar in the present offence, the petitioner is at liberty to take recourse to law during the course of trial. 6. Accordingly, the present petition is dismissed with the aforesaid liberty. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Amardeep