Delhi High Court - Orders
T.M. Sampath Through Parokar/Wife Mrs ... vs Ashok Kumar Singhal on 26 April, 2023
$~66 & 67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2925/2023 & Crl.M.A. No. 10980/2023, 10982/2023
T.M. SAMPATH THROUGH PAROKAR/WIFE MRS USHA
SAMPATH ..... Petitioner
Through: Mr.Pankaj Batra, Adv.
versus
ASHOK KUMAR SINGHAL ..... Respondent
Through:
67.
+ CRL.M.C. 2926/2023 & Crl.M.A. No. 10983/2023, 10985/2023
T.M.SAMPATH THROUGH PAROKAR USHA SAMPATH
..... Petitioner
Through: Mr.Pankaj Batra, Adv.
versus
ASHOK KUMAR SINGHAL ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 26.04.2023 Crl.M.A No. 10981/2023 in CRL.M.C. 2925/2023 Crl.M.A No. 10984/2023 in CRL.M.C. 2926/2023
1. Allowed, subject to all just exceptions.
2. Applications stand disposed of.
CRL.M.C. 2925/2023 & CRL.M.C. 2926/2023
3. These petitions have been filed seeking directions in the light of the light of order dated 13.04.2023 passed by the learned MM (NI Act)-06, Signature Not Verified Digitally Signed By:ANISH DAYAL South West, Dwarka, Delhi in Complaint Case Nos.13723 in CRL.M.C. 2925/2023 and 13740/2023 in CRL.M.C 2926/2023 on behalf of the petitioner who is mentally and physically incapacitated.
2. By the said order, learned MM was adjudicating an application moved by the petitioner/accused under Sections 328, 329 and 330 Cr.P.C. seeking sine die adjournment of the proceedings on the ground of mental and physical incapacity of the accused.
3. The situation arose since accused is purportedly suffering from paralysis and is bedridden since 05.11.2019 when he fell down at Saket Metro Station and the wife of the accused took him to native place at Tamil Nadu and then to Bengaluru for his further treatment. The medical records of the accused shows that the accused is confused and disoriented stage and not taking any commands and also suffered from memory loss and he did not recall anything even by asking him several times.
4. Considering this situation, while dealing with the application, the Magistrate noted that proper recourse would be to get a report from the specialist and thereafter to examine the Doctor to substantiate the examination conducted on the accused.
5. Accordingly, learned MM directed the petitioner to appear before the concerned Medical Board to IHBAS, New Delhi on any working i.e., 23.04.2023 to 29.04.2023 for getting himself examined.
6. In view of the serious condition of the petitioner/accused where he may not be able to travel to Delhi in this condition, he may instead be examined by the Medical Board at NIMHANS Bengaluru, which may be constituted by the Director NIMHANS (Dr. Pratima Murthy, National Institute of Mental Health & Neuro Sciences, NIMHANS, PO Box No. 2900 Signature Not Verified Digitally Signed By:ANISH DAYAL Bengaluru, Pin Code No. 560029, Tel. 080-6642121, Karnataka) for this purpose. A copy of this order be sent to the Medical Superintendent, NIMHANS, Hosur Road Bengaluru-560029 for information and compliance.
7. In this view of the matter, the directions of the learned MM in order dated 13.04.2023 are modified to the extent that the Medical Board of NIMHANS, Bengaluru will instead examine the petitioner, who will be accompanied by his wife and all the medical documents on any date in the week of 1-5th of May 2023 upon taking prior appointment with the said Medical Board.
8. Report of the Medical Board may accordingly be sent by the Medical Board to the learned MM (NI Act)-06, South West, Dwarka Courts, Delhi within a reasonable time thereafter.
9. Copy of the said report may also be supplied to the petitioner's wife.
10. The matter may also be listed for consideration by the learned MM on 15.05.2023 at 2.00 PM.
11. The examination of the Medical Board by the learned MM, if necessary, may be conducted through Video Conferencing in order to avoid inconvenience to the Doctors at Bengaluru.
12. These directions have been passed in the interest of justice and adopting a humanitarian approach.
13. Copy of this order be also communicated by learned counsel for the petitioner to learned counsel for the respondent.
14. Both the petitions stand disposed of in accordance with the aforesaid directions.
15. A copy of this order be given dasti under the signature of the Court Signature Not Verified Digitally Signed By:ANISH DAYAL Master.
16. Order be uploaded on the website of this Court.
ANISH DAYAL, J.
APRIL 26, 2023 neelam Signature Not Verified Digitally Signed By:ANISH DAYAL