Gauhati High Court
Puni Ram Nath @ Koniram Nath vs The State Of Assam And Anr on 12 June, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010031702024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/168/2024
PUNI RAM NATH @ KONIRAM NATH
SON OF LATE PANI RAM NATH, RESIDENT OF MIKIRBHETA, POLICE
STATION MIKIRBHETA, DISTRICT-MORIGOAN, ASSAM. PIN-782413
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:BIPIN CHANDRA NATH
S/O LATE PEPALU NATH
R/O- PATKOMOI
P.S.-MORIGOAN
DISTRICT- MORIGOAN
ASSAM. PIN-782105
Advocate for the Petitioner : MR D K BHATTACHARYYA
Advocate for the Respondent : PP, ASSAM
Linked Case : Crl.A./16/2024
PUNI RAM NATH @ KONIRAM NATH
SON OF LATE PANI RAM NATH
RESIDENT OF MIKIRBHETA
POLICE STATION MIKIRBHETA
DISTRICT-MORIGOAN
ASSAM. PIN-782413
Page No.# 2/3
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY PP ASSAM.
2:BIPIN CHANDRA NATH
S/O LATE PEPALU NATH
R/O- PATKOMOI
P.S.-MORIGOAN
DISTRICT- MORIGOAN
ASSAM. PIN-782105.
------------
Advocate for : MR D K BHATTACHARYYA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 12.06.2024 [M. Choudhury, J] Heard Mr. D.K. Bhattacharyya, learned counsel for the applicant and Ms. A. Begum, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam.
Ms. Begum, learned Additional Public Prosecutor has placed a Communication bearing no. DJM/18/2024/1285 dated 08.06.2024 from the Superintendent, District Jail, Morigaon enclosing therewith a Mental Health Status Report of a Medical Board.
The applicant has been examined on 08.06.2024 by a Medical Board constituted by the Principal-cum-Chief Superintendent, Nagaon Medical College & Hospital, Nagaon. In the Mental Health Status Report, it is opined that the Page No.# 3/3 applicant is suffering from a mental illness, namely, paranoid schizophrenia, in partial remission.
Mr. Bhattacharyya, learned counsel for the applicant has referred to the provisions of Mental Healthcare Act, 2017, more particularly, Section 73 and Section 103 thereof and Rule 10 of the Mental Healthcare [Rights of Persons with Mental Illness] Rules, 2018.
Ms. Begum, learned Additional Public Prosecutor is to obtain instruction as regards functioning of Mental Health Review Board which is near to the District Jail, Morigaon and extant instruction in terms of sub-section [2] of Section 103 of the Mental Healthcare Act, 2017 and Rule 10 of the Mental Healthcare [Rights of Persons with Mental Illness] Rules, 2018.
List the case on 19.06.2024.
The communication placed by Ms. Begum is kept with the case records.
JUDGE JUDGE Comparing Assistant