1 2025:CGHC:20589-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1538 of 2025 1 - Shiv Prasad Chelkar S/o Garib Das Chelkar Aged About 64 Years R/o New Changorabhatha Raipur, Police Station Saraswati Nagar, Tahsil And District Raipur Chhattisgarh, Mo. No. 9406392801. 2 - Ashok Kumar Singh S/o Shri Laxman Singh Aged About 69 Years R/o A/304, Jainam Planet, Tatibandh Raipur, District Raipur Chhattisgarh. At Present R/o Lokhandwala, Kandiwali, Police Station Kandiwali, Mumbai (Wrongly Mentioned In The Impugned Challan District Janjgir Champa Chhattisgarh.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Home, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, Tahsil And District Raipur Chhattisgarh. 2 - Superintendent Of Police Janjgir, District Janjgir Champa Chhattisgarh. 3 - Station House Officer Police Station Janjgir, District Janjgir Champa Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Ratnesh Kumar Agrawal, Advocate. For Respondent(s) : Mr. Malay Jain, Panel Lawyer. BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.05.06 17:35:47 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha, Chief Justice 6.5.2025 1. Heard Mr.Ratnesh Kumar Agrawal, learned counsel for the petitioners. Also heard Mr. Malay Jain, learned Panel Lawyer, appearing for the respondents/State 2. The present petition has been filed by the petitioners seeking following relief: “(I) FIR No. 852/2022 dated 18.11.2022 registered by Respondent no. 3 against the petitioners for punishable offence Under Section 304-A of the Indian Penal Code (Annexure-P/1). (II) Charge-sheet No. 778/2024 dated 22.11.2024 filed by respondent no. 3 before the learned Chief Judicial Magistrate Janjgir, District (Annexure P/2) Janjgir- Champa (C.G.) (III) Order dated 22.11.2024 passed by learned Chief Judicial Magistrate Janjgir, District Janjgir-Champa (C.G.) in Criminal Case No. 1936/2024, between State of Chhattisgarh Vs. Shiv Prasad Chelkar & others" wherein learned trial Court taken cognizance of the alleged offence and also quash the all the subsequent proceedings drawn against the petitioners (Annexure P/3), in the interest of justice.” 3 3. Brief facts necessary for disposal of this petition are that petitioner No. 1 was working as Factory Manager and petitioner No. 2 was working as Factory Occupier in the 2 x 500 MW Thermal Power Plant, Madwa Tendubhatha at the time of the incident. One Dheeraj Kumar Sahu, an electrician at the Thermal Power Plant, was performing repair work on 27.07.2016. After the power line had been switched off, the power supply suddenly resumed, resulting in electrocution that left him unconscious, and he subsequently died. The Factory Inspector, Janjgir, District Janjgir-Champa (C.G.) made a complaint under Section 105 of the Factory Act 1948 before learned Judicial Magistrate First Class cum Labour Court Janjgir, District Janjgir-Champa (C.G.) against the petitioners for punishable offence under Section 7(A) (1), 7(A)(2)(a) and 7(A) (2) (c), Section 73(1) of Factory Act 1948 and Rules 73(E) of Chhattisgarh Factory Rules 1962. On the basis of the said complaint, learned Labour Court, Janjgir registered the case No. 33/FA/2016 between "State of Chhattisgarh v. A. K. Singh & others" and on 16.09.2016 passed the order, wherein imposed the fine upon the petitioners. 4. On 16.09.2016 petitioners deposited fine amount of Rs. 1,50,000/- before learned Judicial Magistrate First Class cum Labour Court, Janjgir, District Janjgir-Champa (C.G.). Thereafter, on November 18, 2022, respondent No. 3 registered Crime No. 852/2022 for offence punishable under Section 304-A of the Indian Penal Code against the petitioners, based on the same set of facts that were 4 previously decided by learned Labour Court, Janjgir, District Janjgir-Champa (C.G.). On 22.11.2024 respondent No. 3 filed the challan No. 778/2024 beforelearned trial Court against the petitioners for offence punishable under Section 304-A of the Indian Penal Code. Thereafter, on 22.11.2024 learned Chief Judicial Magistrate Janjgir, District Janjgir-Champa (C.G.) registered Criminal Case No.1936/2024 between "State of Chhattisgarh v. Shivprasad Chelkar & others" and took cognizance for the offence under Section 304-A of the Indian Penal Code against the petitioners, thereafter the petitioners moved an application under Section 258 of the Code of Criminal Procedure, which is in pending consideration. The petitioners are being prosecuted twice for a single incident, which is not permissible as per the Section 300 of the Code of the Criminal Procedure and Article 20(2) of the Constitution of the India. By registration of the alleged crime against the petitioners, facing double jeopardy which is not permissible under Section 26 of the General Clauses Act. It is alleged that after lapse of the more than 06 years, the alleged offence has been registered, which is barred by Section 468 of the Code of the Criminal Procedure. Hence this petition. 5. Learned counsel for the petitioner submits that the impugned FIR has been registered against the petitioners for death of electrician who was working in the factory. It is stated that complaint was filed by the Factory Inspector under Section 105 of the Factory Act 5 1948 before the Judicial Magistrate First Class, Labour Court, Janjgir Champa and the petitioners were prosecuted for offences under Section 7(A)(1), 7(A)(2)(a) and 7(A) (2) (c), Section 73(1) of Factory Act 1948 and Rules 73(E) of Chhattisgarh Factory Rules 1962 and they have been convicted and both the petitioners have paid fine of Rs.75000/- each with respect to death of the person and after five years of the incident the present FIR has been lodged by respondent No.3 for the same very incident and it is stated that the said FIR amounts to double jeopardy and states that the same cannot be lodged as the petitioners have already been convicted and sentenced to fine, which they have deposited under the orders of the Court. He further submits that in the present case, charge-sheet has already been submitted and cognizance has already been taken by the Chief Judicial Magistrate, Janjgir by order dated 22.11.2024. He also submits that the petitioners have made an application for discharge, which is pending disposal as it appears from the order dated 24.01.2025 (page 79 of the petition). 6. Considering the submissions advanced by learned counsel for the petitioner and also considering the fact that the petitioners have made an application for discharge, which is pending consideration as it appears from the order dated 24.01.2025 (page 79 of the petition), we deem it appropriate to direct the concerned Chief Judicial Magistrate to dispose of the petitioners’ discharge application in accordance with law as early as possible preferably 6 within a period of four weeks from the date of receipt of a copy of this order. The petitioners are directed to produce a copy of this order to the concerned Chief Judicial Magistrate within a period of one week. Order accordingly. 7. With the aforesaid direction, the petition finally stands disposed of. Sd/- Sd/- Sd/- /(Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Bablu