KUNAL KASHYAP Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Allowed, subject to all just exceptions.

(2.) Application stands disposed of. CRL.M.C. 375/2024 & CRL.M.A. 1465/2024 (for stay)

(3.) This petition has been filed under Sec. 482 Cr.P.C. on behalf of the Petitioner, laying a challenge to the impugned order dtd. 5/1/2024 passed by learned Sessions Court in CRL.A. 256/2019 titled 'Kunal Kashyap v. State', on the ground that the learned Sessions Court has fixed the matter for order on sentence on 18/1/2024, without first adjudicating on the applications filed by the Petitioner under Sec. 4 read with Sec. 11 of the Probation of Offenders Act, 1958 (hereinafter referred to as the '1958 Act') and Sec. 105 of the Mental Healthcare Act, 2017 (hereinafter referred to as the '2017 Act'), respectively. Direction is sought to the Sessions Court to refer the case of the Petitioner to the Probation Officer under Sec. 4 of the 1958 Act and call for a report as well as to refer the case to Medical Board as mandated under Sec. 105 of the 2017 Act, before passing the order on sentence.