Kunal Kashyap, Through Pairokar/ ... vs State Of Nct Of Delhi on 16 January, 2024
3. This petition has been filed under Section 482 Cr.P.C. on behalf of the
Petitioner, laying a challenge to the impugned order dated 05.01.2024
passed by learned Sessions Court in CRL.A. 256/2019 titled 'Kunal
Kashyap v. State', on the ground that the learned Sessions Court has fixed
the matter for order on sentence on 18.01.2024, without first adjudicating on
the applications filed by the Petitioner under Section 4 read with Section 11
of the Probation of Offenders Act, 1958 (hereinafter referred to as the '1958
Act') and Section 105 of the Mental Healthcare Act, 2017 (hereinafter
Signature Not Verified
Signed By:KAMAL KUMAR CRL.M.C. 375/2024 Page 1 of 14
Signing Date:17.01.2024
19:35:47
referred to as the '2017 Act'), respectively. Direction is sought to the
Sessions Court to refer the case of the Petitioner to the Probation Officer
under Section 4 of the 1958 Act and call for a report as well as to refer the
case to Medical Board as mandated under Section 105 of the 2017 Act,
before passing the order on sentence.