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6) The learned counsel submitted that inspite of the aforesaid circumstances and although there were no changes in the circumstances after the case was remanded back to the Court, the Sessions Court has passed the impugned order, which has to be set aside.

7) The learned counsel for the respondent Nos.2 and 3 opposed the reliefs sought by the petitioner. It is submitted that the Sessions Court has considered all the material on record including medical reports and has passed the impugned order. It is submitted that the Court has perused the documents on record and thereafter has arrived at the conclusion stated in the impugned ( 11 ) Cri.WP 1414 of 2016 order. The petitioner has no locus to challenge the said order. He is neither the complainant nor the eye-witness of the incident. The accused is facing prolong mental health complexities. He is suffering from Schizophrenia and Cannabis Abuse. The medical experts opined that he is suffering from Paranoid Schizophrenia. It is submitted that the Court by its earlier order dated 19.12.2014, directed scrupulous implementation of provisions of Chapter XXV of the Code of Criminal Procedure. The accused was sent to Regional Mental Hospital, Pune in pursuant to the directions dated 12.5.2015. He was examined at Regional Mental Hospital, Pune and reports were submitted. The reports were consistent on the points of indoor medication and the accused is incapable of making his defence on account of unsoundness of mind. The respondent Nos.2 and 3 filed the reply and placed on record the medical reports. It is submitted that the report of Visitors' Committee dated 15.10.2015 indicates that the accused is of unsound mind.

( 13 ) Cri.WP 1414 of 2016 It is further submitted that subsequent to the order passed by this Court, the enquiry was held and accused was declared to be fit for trial, which order was set aside by this Court vide order dated 22.4.2016 and the Court was directed to conduct enquiry. It is submitted that Paranoid Schizophrenia is specified in DSM-IV and ICD-10. The symptoms frequently observed in a patient similar to symptoms reported in Mental Hospital in respect of accused. The abstract of report of their Psychiatrist were annexed to the reply. It is further submitted that the enquiry conducted by the Trial Court clearly states that the accused is of unsound mind and incapable of making his defence. It is therefore submitted that the petition may be dismissed.

  Sr.              Reports                       Impression
  No.
  01.     Report dtd.              Patient showing some improvement in 
          19.6.2015                psychiatric   symptoms.     He   needs 
                                   further long term indoor management.





                                       ( 22 )                      Cri.WP 1414 of 2016



02.    Report dtd.              Patient showing some improvement in 
       24.07.15, Exh.37         psychiatric   symptoms.     He   needs 
                                further long term indoor management.

03.    Report dtd.              At   present,   patient   is   missing   his 
       27.8.15, Exh.-40         relatives and feeling lonely.  He is 
                                on   above   said   medicines.     He   will 
                                require long term treatment as well 
                                as   family   support/environment   would 
                                be helpful for his speech recovery.

04.    Report dtd.              Patient   showing   improvement   needs 
       16.11.15, Exh.49         long term management.   Presently he 
                                is not fit for trial.

05.    Report dtd.              Patient   showing   improvement   with 
       16.12.15, Exh.54         current medicines he needs long term 
                                management.  He is fit for trial.

06.    Report dtd.              Patient   showing   improvement   needs 
       30.10.15, Exh.57         long term management.

07.    Report dtd.              Patient is showing some improvement 
       22.1.16, Exh.58          with   medication.   Patient   needs 
                                further long term treatment.   He is 
                                VC   unfit   for   trial.     Patients 
                                psychological tests are going on at 
                                Sassoon   General   Hospital,   Pune   as 
                                advised by V.C.

08.    Report dtd.              Patient  is  on  treatment.    He   needs 
       26.2.16, Exh.60          further   long   term   treatment. 
                                Currently   psychometric   testing   are 
                                going   on   from   Sassoon   General 
                                Hospital, Pune.
09.    Visitors                 Patient is of unsound mind.   He is 
       Committee Report         unfit   for   trial   and   unfit   for 
       dtd. 23.3.16,            discharge.  He continues to be under 
       Exh-61                   treatment.





                                       ( 23 )                      Cri.WP 1414 of 2016



10.    Report dtd.              Unfit for trial.
       23.3.15, Exh. 62
11.    Report dtd.              Patient  is  on  treatment.    He   needs 
       14.3.16, Exh-63          further   long   term   treatment. 
                                Patient will be kept before Visitors 
                                Committee   for   taking   opinion   for 
                                fitness for trial on 19.3.2016.

12.    Report dtd.              Patient  is  on  treatment.    He   needs 
       16.4.16, Exh-67          further   long   term   treatment. 
                                Patient will be kept before Visitors 
                                Committee on 19.3.2016.   He cleared 
                                as VC unfit for discharge.

13.    Report dtd.              Patient  is  on  treatment.    He   needs 
       12.5.16                  further long term treatment.

14.    Visitors                 He is of unsound mind.  He is unfit 
       Committee                for   trial   and   unfit   for   discharge. 
       Report dtd.              He continues to be under treatment.
       22.6.16, Exh-68
15.    Report dtd.              Patient  showing  partial  improvement 
       07.7.16, Exh-75          with current line of treatment.   He 
                                needs further long term treatment

16.    Report dtd.              1)   Patient   Fazal   Sikandar   Patel   is 
       20.8.16, Exh-77          admitted   in   Regional   Mental 
                                Hospital,   Pune   &   receiving   above 
                                line   of   treatment   and   he   is 
                                diagnosed   of   having   Schizophrenia
paranoid   type.   2)   He   is   showing 
                                partial/slow   response   to   above 
                                treatment.  3) He needs further long 
                                term treatment.

17.    Report dtd.       1)   Patient   Fazal   Sikandar   Patel   is 

01.09.16, Exh. 80 admitted in Regional Mental Hospital, Pune & receiving above line of treatment and he is ( 24 ) Cri.WP 1414 of 2016 diagnosed of having Schizophrenia paranoid type. 2) He is showing partial/slow response to above treatment. 3) He needs further long term treatment.