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2025 DAILYLAW 44820 (CHH)

SUSHIL KUMAR v. STATE OF CHHATTISGARH

CRMP/3025/2025 · 2025-09-25

Shri Bibhu Datta Guru

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:49364-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3025 of 2025 Sushil Kumar S/o Shri Dori Lal Aged About 59 Years Presently Working As Chief General Manager (Material Recovery Department) Having Sail Personal No. As (D000669), Bhilai Steel Plant, R/o House No. D-12, Street No. 19, Near Talpuri International Colony, Sector- 09, Bhilai West, District- Durg (C.G.) 490009 (At The Relevant Time Was Working As Chief General Manager (Steel Melting Shop Ii) Bhilai Steel Plant) ... Petitioner(s) versus 1. State Of Chhattisgarh Through - Police Station Bhilai Bhatti, Bhilai Nagar, District- Durg (C.G.) 2. Meena Sahu W/o Late Arjun Sahu R/o House No. 61, Bajrang Chowk, Joratarai Dundera, Utai Durg, District- Durg (C.G.) 491107 3. Dr Mohan Lal Ex-Dy Chief Medical Officer, Main Medical Post-1, Jawahar Lal Nehru Hospital And Research Centre, Bhilai Steel Plant, Resident Of House No. 10a, Street Avenue A, Hospital Sector, Bhilai, District- Durg, Chhattisgarh 490009 (Merg Informant) ... Respondent(s) For Petitioner : Mr. Manoj Paranjpe, Senior Advocate along with Mr. Vikram Sharma, Advocate For Respondents/ State : Mr. Shailendra Sharma, P.L. Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.09.26 16:53:27 +0530 2 26/09/2025 1. Heard Mr. Manoj Paranjpee, Senior Advocate along with Mr. Vivek Sharma, learned counsel for the petitioner. Also heard Mr. Shailendra Sharma, Panel Lawyer for the respondents/ State. T 2. The petitioner has filed this petition praying for following relief:- “That this Hon'ble Court invoking the extraordinary jurisdiction kindly quash the impugned FIR dated 06.09.2025 (Annexure P-1) bearing Crime No. 126/2025 registered at Police Station Bhilai Bhatti, Durg, District Durg (C.G.) for the offence punishable under Section 304-A of Indian Penal Code in the interest of justice.” 3. Learned counsel for the petitioner submits that husband of the respondent No. 2 was employed with the Bhilai Steel Pant on contractual basis, who died in an accident within the premises of the Bhilai Steel Plant. He further submits that though the deceased was not a regular employee of the Bhilai Steel Pant, but compassionate appointment was granted to the wife/ respondent No. 2 and other monetary and financial benefits were also provided to her. He further submits that respondent No. 3 had lodged merg intimation at the relevant point of time and after two years the present FIR has been lodged under Section 304A of the IPC on the basis of the merg intimation. He further submits that now notices are being issued by the police authority dated 08.09.2025 and 11.09.2025, holding the petitioner responsible for the death of the deceased. Thus, the impugned FIR be quashed. 4. Learned counsel for the State would oppose the aforesaid submission 3 and submit that after finding the prima-facie case against the petitioner, the present FIR has been registered and the petitioner is not entitled for any relief and the petition deserved to be dismissed. 5. We have heard learned counsel for the parties. 6. Having considered the facts and circumstances of the case, particularity considering the fact that the wife of the deceased has been provided compassionate employment in BSP and she has also been regularized and other monetary and financial benefits were also provided to her though the deceased was not a regular employee of the Bhilai Steel Plant and further after lapse of considerable period only on the basis of merg intimation the present FIR has been lodged, the petitioner is directed to appear before the concerned Superintendent of Police, and apprise the aforesaid fact and thereafter the said authority is directed to ensure that, after due investigation the police report be submitted within a period of four weeks from the date of receipt of a copy of this order, as per law. 7. With the aforesaid observation, the present petition is disposed off. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti