CRLR/192/2025 of HARISHCHANDRA AND 3 OTHERS Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 192 of 2025 Court No. - 87 HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the revisionists, learned A.G.A. for the State, and learned counsel for opposite party no. 2. 2. The present criminal revision has been filed by the revisionists against the impugned order dated 20.11.2024, passed by the learned Special Judge (E.C. Act), Upper Sessions Judge, Azamgarh, on the discharge application under Section 227 Cr.P.C. in Session Trial No. 213 of 2024 (State of U.P. versus Harishchandra and others), arising out of Case Crime No. 372 of 2022, under Sections 323 and 308 I.P.C., Police Station Gambirpur, District Azamgarh. 3. Learned counsel for opposite party no. 2 filed a counter-affidavit today. Learned counsel for the revisionists submitted that he would not file a rejoinder affidavit and proceeded with his arguments. Hence, the arguments of all parties were heard. 4. Learned counsel for the revisionists submitted that the alleged incident, if any, took place on 01.11.2022, whereas the F.I.R. was lodged on 03.11.2022. It was further submitted that the injuries sustained by the injured occurred in a road accident. He relied on Annexure No. 4, which shows that the patient was involved in a Road Traffic Accident (RTA) and was referred to a higher centre. 5. Learned counsel for the revisionists further submitted that, as per the Department of Radiodiagnosis & Imaging, Institute of Medical Sciences, Versus Counsel for Revisionist(s) : Moti Lal Chauhan, Priya Ranjan Rai Counsel for Opposite Party(s) : G.A., Sher Bahadur Yadav Harishchandra And 3 Others .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) Banaras Hindu University, Varanasi, in the X-ray report of the chest dated 03.11.2022 of the injured Sahavag Rawat, no obvious radiological abnormality was found. 6. Learned counsel for the revisionists has submitted that if the road accident took place on 03.11.2022 then what was the time of reaching Lalganj Azamgarh and thereafter when he was referred to district hospital Azamgarh  on the very same day on 03.11.2022 and how he got admission on the same date on 03.11.2022 at Banaras Hindu University, Varanasi at 9.10 A.M. It is submitted that the alleged incident if any took place on 03.11.2022 at 8.30 A.M. 7. Learned counsel further submitted that there are some discrepancies in the dates and times (A.M. to P.M.). Learned counsel for the revisionists submitted that no offence under Section 308 I.P.C. is made out and that the impugned order dated 20.11.2024 is liable to be set aside.   8. Learned counsel for the revisionist has submitted that the injured has got the injury in his head.  The N.C.C.T. Head report of the injured, Sahavag Rawat, dated 03.11.2022, at Trauma Centre & Superspeciality Hospital, Institute of Medical Sciences, Banaras Hindu University, Varanasi, filed as Annexure No. 6 at page 58A, records the following impression: (i) Fracture left temporal and parietal bones; (ii) Focal hemorrhagic contusion left parietal lobe with left parietal lobe with left parietal epidural hemorrhage.  9. The contention raised by learned counsel for the revisionists regarding the alleged date and time of the accident, and the subsequent treatment at Lalganj, Azamgarh, District Hospital, Azamgarh, and Banaras Hindu University, Varanasi, are matters of fact to be decided during the trial. 10. As far as the injuries are concerned, the N.C.C.T. Head report dated 03.11.2022 specifically mentions a fracture  left temporal and parietal bones and a focal hemorrhagic contusion left parietal lobe with left parietal lobe with left  parietal epidural hemorrhage. The skull/head is always a vital part of the body, and any injury to the head may result in serious consequences.  CRLR No. 192 of 2025 2 11. In the N.C.C.T. Head report of the injured, a fracture was found, which constitutes a heinous and serious injury. 12. In view of the above, the revisionists are not entitled to be discharged. 13. There is neither any illegality nor irregularity in the impugned order. 14. The criminal revision is, therefore, liable to be dismissed, and it is dismissed accordingly. March 10, 2026 K.K. Maurya CRLR No. 192 of 2025 3 (Abdul Shahid,J.)