SANJAY NAGAPPA KORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this application, the applicant has impugned the order dated 27th January, 2020 passed by the learned Additional Sessions Judge, Pandharpur, below Exhibit-28 in Sessions Case No.23 of 2018, by which the learned Judge was pleased to reject the applicant's application for sending the applicant to the Medical Board, Pune for psychiatric evaluation, under Section 329 (1-A) of the Code of Criminal Procedure.

(3.) Learned Counsel for the applicant submits that having regard to conflict between two reports i.e. the earlier report dated 8 th January, 2018 of the applicant that the applicant is suffering from psychiatric disorder and needs regular treatment and follow up for the same, and the subsequent report dated 11th October, 2018, stating that 'at present patient does not have any Psychiatric complaints', the learned Judge ought to have referred the applicant to the Medical Board.