SHEILA KAUL Vs. STATE

JUDGEMENT

(1.) Shorn of unnecessary details, the facts of the present case are that a charge-sheet for the offences punishable under Section 120B IPC read with Sections 7, 8, 9, 10, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1947 was filed against the petitioner along with other co-accused persons. Vide order dated 02.02.2012, learned trial Court directed for framing of charge against the petitioner for the offences under Section 120B IPC read with Sections 7, 8, 9, 10, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1947 and also substantive offence under these sections. The petitioner moved an application seeking appointment of Local Commissioner for verification of physical and mental condition of the petitioner Ms. Sheila Kaul. Vide order dated 09.04.2012, learned trial Court directed the Director, AIIMS Hospital to constitute a Medical Board to examine Ms. Sheila Kaul and to give its opinion as to whether she is capable of understanding things and giving rational answers and also her mental faculties, unsoundness of mind (if any) and her present condition. Pursuant to the said order, a Medical Board was constituted in All India Institute of Medical Sciences. The Medical Board examined the petitioner and submitted its report dated 27.04.2012.

(2.) Thereafter, a request was made on behalf of the petitioner that the petitioner is unable to attend the Court for the purpose of framing of charge. Learned trial Court examined Dr. S.K. Khandelwal, Professor, Department of Psychiatry (CW-1), Chairman of Medical Board on 07.05.2012. Vide order dated 09.05.2012, learned trial Court directed the petitioner to appear in person and to answer the charges to be framed against her.

(3.) The petitioner filed present petition under Section 482 of the Code of Criminal Procedure against order dated 02.02.2012 whereby order on charge was passed and against order dated 09.05.2012 whereby the petitioner was directed to appear in person and to answer the charge against her. Vide order dated 20.02.2013, the said petition was dismissed by this Court.