MANAV KOHLI Vs. RANJANA AND OTHERS

JUDGEMENT

(1.) The petitioner has filed the instant petition seeking quashment of order dated 10.11.2018 passed by the court of learned JMIC, Samba as well as order dated 13.03.2019 passed by the court of learned Principal Sessions Judge, Samba.

(2.) In the petition, it has been stated that the petitioner herein had filed an application under Section 464 Cr.P.C. in a petition filed by the respondent under Section 12 of Domestic Violence Act stating therein that he has lost his capability to make his defence being of unsound mind due to major depression disorder. Accordingly, he prayed before the JMIC, Samba for postponing of the trial in the complaint filed under Section 12 of Domestic Violence, Act. The learned JMIC, dismissed the said petition vide order dated 10.11.2018. Against this order, he filed a revision petition, which has also been dismissed on 13.03.2019.

(3.) While arguing the matter, the petitioner's counsel has stated that the courts below have ignored the procedure prescribed under Sections 464 and 465 Cr.P.C. read with Section 28 of Protection of Women from Domestic Violence Act, 2010. That the courts below have recorded the findings on unsound person, which is against the legal principle of law. That the petitioner is suffering from unsoundness of mind, so he cannot face the trial of the case. In support of this petition, he has relied upon two judgments reported in titled, Dr. Jai Shankar versus State of Himachal Pradesh, 1972 AIR(SC) 2267; and titled, Snehaswakshayar Samal versus State of Orissa.,2017 2 OrissJR 569