MUKESH KHANDELWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. A. K.Rashidi, learned Counsel for the petitioner, Mr. I.N. Gupta, learned A.P.P. for the State and also Mrs. Anubha Rawat Choudhary, learned Counsel for the informant.

(2.) It is admitted that a petition was filed on behalf of the petitioner before the trial Court to the effect that the petitioner is of unsound mind, hence he may be examined by the Doctor of Mental Hospital. An order was passed to the effect that the petitioner be examined by the Medical Board headed by Civil Surgeon. Sub-sequently from Annexure-7 to the supplementary affidavit filed in pursuance of the order dated 17-5-1999 passed by this Court, it will appear that Civil Surgeon has referred the matter to Kanke Mental Hospital for examination of the petitoner to the effect whether he is of unsound mind or not. The grievence of the petitioner is that the Court below without holding the aforesaid inquiry or sending the petitioner to the Medical Board rejected the application filed by him for holding an inquiry regarding his state of unsoundness of mind. Hence, it is submitted that the petitioner be examined by the Medical Board by Doctor of Kanke Mental Hospital.

(3.) Learned A.P.P., submitted that the matter has beer fully examined by the Court below in the impugned order. The submission of the petitioner regarding his mental disorder did not find support and the evidence is going on and at this stage aforesaid inquiry cannot be done.