Bombay High Court
Sanjay Nagappa Kore vs The State Of Maharashtra on 3 November, 2020
Equivalent citations: AIRONLINE 2020 BOM 2162
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
Nisha Digitally signed
by Nisha S.
Chitnis
S. Date:
2020.11.05
Chitnis 17:35:06 +0530
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nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION (STAMP) NO.3450 OF 2020
Sanjay Nagappa Kore ...Applicant
Versus
State of Maharashtra ...Respondent
Mr. R. M. Thobde, for the Applicant.
Ms. M. H. Mhatre, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE, J.
DATE : 3rd NOVEMBER, 2020 (THROUGH VIDEO CONFERENCING) P.C. :
1. Heard learned counsel for the parties.
2. By this application, the applicant has impugned the order dated 27th January, 2020 passed by the learned Additional Sessions Judge, Pandharpur, below Exhibit-28 in Sessions Case No.23 of 2018, by which the learned Judge was pleased to reject the applicant's application for sending the applicant to the Medical Board, Pune for psychiatric evaluation, under Section 329 (1-A) of the Code of Criminal Procedure.
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3. Learned Counsel for the applicant submits that having regard to conflict between two reports i.e. the earlier report dated 8 th January, 2018 of the applicant that the applicant is suffering from psychiatric disorder and needs regular treatment and follow up for the same, and the subsequent report dated 11th October, 2018, stating that 'at present patient does not have any Psychiatric complaints', the learned Judge ought to have referred the applicant to the Medical Board.
4. Learned APP fairly states that having regard to the two reports, the learned Judge ought to have referred the applicant to the Medical Board.
5. Perused the papers as well as the impugned order. The applicant was arrested on 4th December, 2017, in connection with C.R. No.547 of 2017, registered with the Mangalwedha Police Station, Solapur (Rural), for the alleged offences punishable under Sections 302, 429, 498A r/w 34 of the Indian Penal Code. The applicant was produced before the learned Magistrate on 5th December, 2017 and was remanded to PCR till 7 th December, 2017. It appears that as the applicant's medical condition was not stable, the concerned Investigating Officer investigating C.R. No.547 of 2017, produced the applicant before the learned Magistrate on 6 th 3/7 7-aplst.3450.2020.doc December, 2017, before the expiry of the said period of PCR, and prayed that the applicant be remanded to MCR. It appears that the learned Magistrate, Mangalwedha sent the applicant to MCR and then to the Solapur District Jail, so that medical treatment could be given to the applicant at the Civil Hospital, Solapur. It appears that the applicant was an indoor patient at the Civil Hospital, Solapur, for a period of 10 days and thereafter was receiving treatment as an outdoor patient, when he was lodged in Solapur District Jail. The Mental Health Experts sent a report dated 8th January, 2018 to the Medical Superintendent, Dr. V.M.G.M.C & S.C.S.H.G.H.S., Solapur, after duly examining the applicant. The said report dated 8th January, 2018, reads thus:-
"Submitting here with psychiatry report of patient Sanjay Nagappa Kore. History was obtained from father (Nagappa Kore).
Sanjay Nagappa Kore is a 32 year old, married male, matriculate, farmer by occupation, referred for reporting.
As per the letter from solapur district jail, patient was observed to have abnormal behavior in form of irrelevant talk, staring spells at wall, was suspicious towards other prisoners in the jail and decreased sleep. According to father patient has social withdrawal since 2-3 years. He is married since 5-6 years and has suspiciousness about wife character since 1 year after marriage. Complains of alcohol use. Last use 2 month back.
Patient was admitted in psychiatry ward with court order for observation and reporting on 27/12/2017. During ward stay patient had social withdrawal, assaultive behavior and occasional irrelevant talk and shouting inappropriately.
4/7 7-aplst.3450.2020.doc On Mental status examination, patient was conscious, fairly cooperative and communicative. Poor eye contact present Speech - non spontaneous, latency of speech present, poverty of speech present, occasionally irrelevant. Perceptions - pt denied auditory hallucination. Affect - restricted. Intelligence - average. Judgment - impaired, Insight absent.
Psychological testing done on 4/1/2018 suggestive of presence of psychotic features.
Impression: Psychosis. Not otherwise specified.
Sanjay Nagappa Kore is suffering from a psychiatric disorder and needs regular treatment and follow up for the same."
6. Accordingly, the Superintendent of Jail, Solapur District Jail requested the learned Sessions Judge, Pandharpur, to transfer the applicant to Yerwada Mental Hospital, Pune, for further treatment and it appears that the applicant is presently lodged in Yerwada Central Jail, Pune. In view of the report that the applicant was suffering from mental ailment and that the applicant was in need of further medical treatment, the applicant moved an application under Section 330 Cr.PC and the learned Sessions Judge once again called for a report of the Medical Officer on the mental condition of the applicant. The Medical Officer submitted his report dated 11 th October, 2018. In the said report, it is mentioned that the applicant does not have any Psychiatric complaints. The Medical Report dated 11 th October, 2018, reads thus:-
5/7 7-aplst.3450.2020.doc "Submitting Psychiatric report of patient Sanjay Kore as per court Order. Sanjay Kore brought by Police S. S. Sawant (BN-664) for psychiatric evaluation. Patient is known case of psychosis NOS. Patient is on treatment for the same. Patient is in Jail since 8-9 month for allegedly killing his wife and Cats. At present patient does not have any Psychiatric complaints.
Present MSE conscious, cooperative, oriented speech - coherent, relevant thought - No delusion since 2-3 month. No formal thought disorder. Patient say that he had heard voices of Gadi saying "Mara mara"
hence he killed his wife and cats. Patient says that he was hearing voices since 1 month prior to the incident. concept - intact, no Hallucination since 2-3 month. Mood-euthymic, memory - Intact, Intelligence-Average, Insight - Partial, Judgment - Intact. Impression - Psychosis Not Otherwise specified in remission."
7. Being aggrieved by the said Medical Report dated 11th October, 2018, since it was contrary to the earlier medical reports of Psychiatry Department, Civil Hospital, Solapur, the applicant filed an application under Section 329 (1-A) of Cr.PC and challenged the said report dated 11 th October, 2018 and prayed that the applicant be referred for examination to the Medical Board as contemplated under Section 329 (1-A) of Cr.PC. The learned Additional Sessions Judge, Pandharpur, vide order dated 27 th January, 2020, rejected the said application. Hence, this application.
8. From the perusal of the report dated 8th January, 2018, which is reproduced hereinabove, it prima facie appears that the applicant was 6/7 7-aplst.3450.2020.doc suffering from a psychiatric disorder and needed regular treatment and follow up for the same, whereas from a perusal of the report dated 11 th October, 2018, it appears that 'at present, the patient (applicant) does not have any Psychiatric complaints.'
9. Having regard to the conflicting reports, the learned Additional Sessions Judge, ought to have referred the applicant to the Medical Board, so as to enable the Medical Board to assess the applicant and submit a Report.
10. Accordingly, the application is allowed and the impugned order dated 27th January, 2020 passed by the learned Additional Sessions Judge, Pandharpur, below Exhibit-28 in Sessions Case No.23 of 2018, is quashed and set aside. The applicant shall be sent to the Medical Board, Pune, for his psychiatric evaluation, within four weeks from today, after which the Medical Board shall submit a report to the learned Additional Sessions Judge, Pandharpur, who is seized of the applicant's case being Sessions Case No.23 of 2018.
11. Application is accordingly disposed of on the aforesaid terms.
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12. All concerned to act on the copy of this order, digitally signed by the Private Secretary of this Court.
REVATI MOHITE DERE, J.