Madhya Pradesh High Court
Fareeda Bee vs The State Of Madhya Pradesh on 15 March, 2017
M.Cr.C. No.1398/2017
1
(Fareeda Bee Vs. State of M.P.)
15.03.2017
Shri R.K.Goyal, counsel for the applicant.
Shri Prakhar Dhengula, Panel Lawyer for the
respondent/State.
Shri Y.S.Tomar, counsel for the complainant. Case diary is available.
This application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 07.10.2016 in connection with Crime No.453/2016 registered by Police Station-Kurwai, District-Vidisha for offences punishable under Sections 294, 323, 302 and 506 of IPC.
The counsel for the applicant after arguing the matter on merits, seeks permission of this Court to withdraw this application. It is further submitted by the counsel for the applicant that the applicant is suffering from mental disorder and this Court on earlier occasion had directed the State counsel to requisition the medical report of the applicant. However, inspite of the two opportunities given to the State counsel no such report has been filed so far.
Heard the learned counsel for the applicant. Section 328 of Cr.P.C. specifically deals with the present situation. If, an accused is mentally retarded and is not in a situation to understand the Court proceedings then, the trial Court can hold an inquiry under Section 328 of Cr.P.C. and if, it is found that the accused is not in a position to enter into defence by reason of unsoundness of mind or mental retardation, the proceedings can be stayed. Further under Section 330 of Cr.P.C. the person of unsound M.Cr.C. No.1398/2017 2 mind pending trial can be released. As a detailed inquiry is required for deciding that whether the applicant is suffering from the mental disorder or not therefore, the counsel for the applicant seeks permission of this Court to file an application under Section 328 of Cr.P.C. before the trial Court. As the applicant is free to file such an application, no liberty is required.
Accordingly, the application is dismissed.
(G.S.Ahluwalia) Judge Sha