HARMESH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr.P.C. for quashing of orders dated 18.3.2015 passed by Additional Sessions Judge, Gurdaspur (Annexures P -12 and P -13), whereby charge under Sections 308, 326, 34 IPC has been framed and also for quashing of order dated 23.2.2015 passed by Additional Sessions Judge, Gurdaspur (Annexure P -10), whereby application under Section 318 Cr.P.C. filed by the petitioner has been dismissed. Trial of the case is sought to be stayed under Sections 328 and 329 Cr.P.C. till the petitioner becomes person of sound mind.

(2.) LEARNED counsel for the petitioner contends that the petitioner is accused of cross - case which is a counter blast to the version of the petitioner. During course of investigation, petitioner was found to be innocent. He has only been summoned under Section 319 Cr.P.C. vide order dated 9.4.2013. Learned counsel further contends that the petitioner cannot understand the proceedings of the Court as his brain is dead and he is in vegetative stage.

(3.) BY virtue of the ailment of the petitioner he cannot appear in the Court. Medical board declared the petitioner to be 100% disabled as per Disability Certificate dated 9.8.2012 issued by the authority.