ANIL CHOUDHARY Vs. STATE OF M P

JUDGEMENT

(1.) This criminal revision is directed against the order dated 16.06.2014 passed by the Court of 2nd Additional Sessions Judge, Umaria in Session Trial No.17/2014, whereby the application filed on behalf of the accused/applicant Anil Choudhary dated 16.06.2014 praying for his medical examination by a qualified psychiatrist was dismissed and simultaneously a charge under Sections 506 (part II) and 354 of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, was framed.

(2.) In the application, applicant Kodulal Choudhary, father of accused Anil Choudhary, stated that applicant Anil Choudhary is mentally unsound and he was earlier treated by psychiatrist Dilip Kumar Dash at Bilaspur. He is still not completely stable and continues to be mentally unsound; therefore, it was prayed that medical examination by an expert for mental unsoundness be conducted upon accused before framing of the charge against him.

(3.) Aforesaid application was opposed by the prosecution pointing out that the applicant/accused was treated for mental illness in the year 2009; however, since production of the accused before the Court, no such disclosure was made. The jail authorities also did not make any report that acts and conducts of the accused in the jail was other than normal; therefore, it was prayed that the application be dismissed.