NANHU @ GHANSHYAM PATEL Vs. STATE OF M. P.

JUDGEMENT

(1.) Petitioner has filed this revision petition under Section 397/401 of Cr.P.C. being aggrieved by the order dated 25.09.2017 passed by learned 3rd Additional Sessions Judge Jabalpur in Session trial No. 391/2004 whereby the learned Judge has rejected the application under Section 330 of Cr.P.C. filed by petitioner.

(2.) According to the case, petitioner has preferred an application under Section 330 of Cr.P.C. for discharging the petitioner on the ground of mental retardation or unsound mind, but the learned trial Judge has rejected the same on the ground that the petitioner is on bail and the provision of Section 330 of Cr.P.C. can only be invoked while petitioner is in custody.

(3.) Learned counsel for the petitioner submits that the petitioner stood before the trial Court for trial of offence under Section 302 of IPC in pursuant to Crime No. 101/2014 registered at Police Station Patan, District Jabalpur. He submits that the accused is of unsound mind and is a lunatic person and this Court has released the petitioner-accused on bail on the ground of insanity. Further while granting the bail, this Court has observed that the trial Court is free to proceed in the case in accordance with the provision of Sections 328 to 339 of Cr.P.C. He further submits that this Court has considered the medical report of the petitioner as he is under treatment thereafter he was also sent to medical hospital Jabalpur, wherein it was opined that the petitioner was not fit for trial proceeding as he is unable to understand the proceedings of the Court. Further petitioner has also been sent to the Mental Hospital, Gwalior for further treatment vide order dated 20.05.2014 passed by trial Court. The said order was challenged by the petitioner in M.Cr.C. No. 9315/14, wherein this Court dealt with the provision of Section 330 of Cr.P.C. and set aside the order dated 20.05.2014 with some direction. Thereafter in the light of above said order, petitioner has moved before the learned trial Court to discharge him but the same prayer was rejected by the trial Court on the ground that the petitioner was not in custody. Learned counsel for the petitioner submits that the trial Court erred in passing the impugned order. While passing the said order the learned trial Judge did not consider the medical evidence of accused and has given the wrong finding. He also submits that the learned trial Judge has also failed to comply the order passed by this Court, wherein this Court had directed the learned trial Judge to pass an appropriate order under the purview of Sections 328 to 339 of Cr.P.C. Further, according to Section 330(2) of Cr.P.C. it is prescribed that when there is no order of detention of the accused in a lunatic asylum it shall be passed otherwise in accordance with rules framed by Government under the Mental Health Act 1987. He further submits that the learned trial Judge did not apply the judicial mind and failed to invoke the provision of Section 330 of Cr.P.C. whereas medical documents regarding mental status and health condition of the petitioner clearly shows incompetency of the petitioner-accused to understand the law. He submits that in view of the above the impugned order passed by the learned trial Judge is suffering from grave irregularity and deserves to be quashed. He prays for discharging of the petitioner.