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Himachal Pradesh High Court

__________________________________________________________________________ vs State Of Himachal Pradesh & Anr on 6 April, 2026

Author: Sandeep Sharma

Bench: Sandeep Sharma

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                             Cr. Revision No.190 of 2026
                                            Date of Decision: 06.04.2026
__________________________________________________________________________
Sohan Lal
                                                         .........Petitioner




                                                                .
                                       Versus





State of Himachal Pradesh & Anr.
                                                       .......Respondents
Coram





Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?




                                        of
For the petitioner:      Mr. Ashok Kumar Thakur, Advocate.

For the Respondent:     Mr. Rajan Kahol & Mr. Vishal Panwar, Additional
                        Advocates General with Mr. Ravi Chauhan & Mr.
                        Anish Banshtu, Deputy Advocates General.
                     rt
_________________________________________________________________________
Sandeep Sharma, J. (Oral)

Having heard learned counsel for the parties and perused material available on record vis-a-vis reasoning assigned in the impugned order dated 07.10.2025, whereby appeal having been filed by the petitioner under Section 329 (1-A) Cr.P.C against the opinion rendered by the medical expert has been laid challenge, this Court finds no illegality or infirmity in the same, as such, same is upheld.

2. Since it is apparent from the proviso of Section 329 (1-A) Cr.P.C that if, accused is aggrieved by the information given by the psychiatric or clinical psychologist, he may prefer an appeal before the Medical Board, appropriate remedy, if any, for the petitioner to lay challenge to the opinion given by the Medical Board was to file appeal before Medical Board consisting ahead of psychiatry unit nearest Government Hospital and faculty member of psychiatry nearest medical college.

3. In view of the above, present petition is dismissed. However, Deputy Superintendent Jail, Una, is directed to provide legal help to the petitioner, enabling him to prefer appeal before Medical Board as also .

observed in order dated 07.10.2025 passed by learned Additional Sessions Judge-II, Una, District Una, Himachal Pradesh, at the earliest.

4. Learned Additional Advocate General is directed to apprise afore authority with regard to passing of instant order today itself so that of no further delay is caused in filing the appeal to the authority as detailed hereinabove in accordance with law.

                       rt                              (Sandeep Sharma)
                                                            Judge
April 06, 2026

     (sunil)








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