Dismissed

Deepu @ Deepak Saroj and 9 Others v. State of U.P. and Another

Allahabad HC23 May 2023A482/15385/2023

Case brief

AI extract

What is this about?

High Court rejected the application to quash criminal proceedings under s. 482 Cr.P.C. because findings of head injuries necessitate a defended trial. The court directed applicants to surrender for a separate bail application to be heard expeditiously.

What did the court decide?

Prayer to quash proceedings declined; applicants directed to surrender and file separate bail application within 15 days.

Deepu @ Deepak Saroj and 9 Others Vs State of U.P. and… — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:114396

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 15385 of 2023

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Applicant :- Deepu @ Deepak Saroj And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Parbind Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble J.J. Munir,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State.

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This is an application under Section 482 Cr.P.C. seeking to quash the proceedings in Criminal Case No. 46 of 2023, State Vs. Suraj and others (arising out of Case Crime No. 0021 of 2022), under Sections 147, 323, 504, 506, 308 & 325 I.P.C., Police Station- Tejibazar, District Jaunpur, pending in the Court of learned Additional Civil Judge (J.D.), New Court-II, Jaunpur.

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On 15.05.2023, the case diary was directed to be produced in this case.

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A perusal of the report of the NCCT Scan of Brain from Shivoys Neuro Hospital Pvt. Ltd., which is a part of the case diary shows the following findings:

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Acute extra axial hemorrhage of width-12mm along right temporal and fronto-parietal convexity.

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Subarachnoid hemorrhage seen along right frontotemporal sulci.

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Small hemorrgahic contusions with surrounding edema in left temporal region.

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Mass effect in form of midline shift of -6mm towards left side, and mild compression with partial effacement of right lateral ventricle.

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Fracture of left temporo-pareital bone.

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Rest of the bilateral cerebral hemispheres is normal in attenuation.

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Brain stem and cerebellum reveal normal parenchymal attenuation.

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The rest of the ventricular system appears normal.

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• Extracalvarial soft tissue scalp swelling and edema in left parietal region."

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Looking to the nature of injuries on a vital part of the body, that is to say, fracture of the left temporo-pareital bone, this Court is of opinion that the submission urged by the learned counsel for

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the applicants can serve as his disputed defence, which cannot be considered in these proceedings under Section 482 Cr.P.C. The prayer to quash the proceedings is accordingly declined.

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However, in case the applicants surrender within 15 days of date and make an application for bail, their bail application shall be considered by the Magistrate expeditiously, in accordance with law.

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The present application is disposed of.

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Order Date :- 23.5.2023 Anurag/-

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Digitally signed by :- ANURAG JAISWAL High Court of Judicature at Allahabad

Deepu @ Deepak Saroj and 9 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Deepu @ Deepak Saroj and 9 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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