STATE Vs. FAYAZ AHMAD BANDAY

JUDGEMENT

(1.) The instant reference has been made by learned Special Judge, Anticorruption, Kashmir Srinagar, in terms of Sec. 341 of the Jammu and Kashmir Code of Civil Procedure, which corresponds to Sec. 318 of the Code of Criminal Procedure, 1973. In the order of reference, the learned Special Judge has observed that one of the accused, namely, Ghulam Rasool Joo, who is facing trial before the learned Special Judge for offences under Sec. 5(1)(c)(d), 5(2) of Prevention of Corruption Act read with Sec. 120-B, 467, 468, 409 RPC, has been found to be suffering from Vascular Dementia and that he is not in a position to understand the legal proceedings. It has been further observed that as per the opinion rendered by the Medical Board, the said accused is not fit to stand the trial

(2.) On the aforesaid ground, the learned Special Judge, taking resort to the provisions contained in Sec. 341 of J&K Cr. P. C, has made a reference to this Court for passing appropriate orders in the matter.

(3.) Before determining the merits of this reference, it is necessary to have a look at the provisions contained in Sec. 341 of J&K Cr. P. C. It reads as under: