Dismissed

Ravi Shankar Singh v. State of Chhattisgarh

Chhattisgarh HC15 Mar 2022CRMP/384/2022

Case brief

AI extract

What is this about?

The petitioner challenged the quashing of an FIR and chargesheet following the death of a labourer who fell from a height of 55 meters while performing contraction work. The court held that employment assignment to decline the FIR at this stage, especially when the investigation is complete and facts are contradictory. The petition was dismissed.

What did the court decide?

Petitioner's grievance dismissed; FIR and consequential proceedings remain in force.

Ravi Shankar Singh Vs State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2022)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRMP No. 384 of 2022

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Ravi Shankar Singh S/o Late Girja Prasad Singh, Aged About 48 Years Partner Of M/s Royal Construction, 291, Ward No. 17, Behind NPCC Colony Jayant Collary District Siingrauli (M.P.)

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---- Petitioner

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Versus

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State Of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhavan, New Raipur, Chhattisgarh.

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The Superintendent Of Police, District Korba Chhattisgarh.

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Station House Officer, Dipka District Korba Chhattisgarh.

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---- Respondents

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For Petitioner : Shri Ravi Ranjan Sinha, Advocate For Respondents/State : Shri Ghanshyam Patel, GA

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HON'BLE SHRI JUSTICE GOUTAM BHADURI

ORDER

15/03/2022

Heard.

The grievance of the petitioner is that the petitioner, who is a partner of M/s Royal Construction Firm, obtained certain work in SECL for cleaning of spilage coal/dust/slush/slurry etc. from various locations of sello section. During discharge of such job one labour namely Ram Chandra Gond fell down from a height of 55 meters and died. Subsequently after investigation the chargesheet was filed.

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Learned counsel for the petitioner would submit that the deceased labour was instructed not to enter the sello 10 bunker instead he was assigned to discharge

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the job in sello 12 & 13, however, if the worker has exceeded the instruction then in such case, the petitioner cannot be held liable. It is further stated that the petitioner had given power of attorney to some another contractor to carry out work. He would further submit that compensation amount of Rs.23 Lakhs have already been paid consequently no offence exist against the petitioner to prosecute him, therefore, the FIR and the consequential proceedings be quashed.

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Perusal of the documents filed along with the petition shows that the chargesheet has been filed after investigation. It is not in dispute that the death has caused from fall from a height. Learned counsel for the petitioner contends that the deceased Ram Chandra Gond was advised not to go into sello 10 bunker instead he was assigned to discharge the job in sello bunker 12 & 13. The prima facie reading of the statement of the witnesses would show that no safety measure was given and as result the deceased fell down from a height. The contention of the petitioner that the worker was not assigned to work at a certain prohibited area, but he entered and fell down is a matter of defence. It is not in dispute that the petitioner who is the partner of M/s Royal Construction was assigned the job of cleaning of spilage coal/dust/slush/slurry etc. in the SECL, therefore, the defence at this stage cannot be looked into by this Court to quash the entire FIR and the charge-sheet. Therefore, I am not inclined to entertain this petition.

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Accordingly, the petition is dismissed.

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Sd/Goutam Bhaduri Judge

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Ashu

Ravi Shankar Singh v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ravi Shankar Singh v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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