RITESH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed under Sections 397 and 401 of the Code of Criminal Procedure against the order dated 14.12.2001 passed (by the learned 3rd Additional Sessions Judge. Dhanbad in S.T. No. 316 of 1999, whereby and whereunder the learned Court below rejected the application of the petitioner for initiating the proceeding under Section 329, Cr.PC.

(2.) The learned Counsel appearing on behalf of the petitioner submitted that the petitioner has already been referred for treatment in Ranchi Mansik Arogyashala. Kanke by an order dated 8.8.2001 and the Civil Surgeon being the Chairman of the Medical Board should be examined in the enquiry. It is also submitted that the petitioner had already filed a petition under Section 330. Cr. P.C. in the Court below for examination of Civil Surgeon in this respect and the Court below rejected the prayer without appreciating the material fact.

(3.) On the other hand the learned A.P.P. contended before me that this application is not maintainable at this stage as the petitioner has already been referred for his treatment to the Mental Hospital at Kanke by the order of the Court.