ORDER :

The order dated 4.1.2023 passed by the Special Judge, Fast Track Special Court, Kunnamkulam in C.M.P.No.93/2022 in S.C.No.789/2018, an application filed under Section 328 of Cr.P.C., is under challenge in this Crl.M.C. The petitioner is the accused in the Sessions Case. He faces charges under Section 377 of IPC and Sections 9(m) & 9(n) r/w Section 10 of the Protection of Children from Sexual Offences Act.

2. The petitioner filed the application under Section 328 Cr.P.C. through his wife stating that he is suffering from Bi-polar Disorder with depression and suicidal tendency and, therefore, he is incapable of making his defence. The petitioner relied on Annexures 3 to 6 medical documents to substantiate his contentions. The petitioner also pleaded that as he was undergoing treatment for demyelination from 2014 onwards, he is not fit to stand for trial.

3. The Special Judge, after considering the material placed before it, found that the petitioner failed to establish that he is of unsound mind and consequently incapable of making his defence. The Court held that he has been prosecuting the case properly and there is no requirement for conducting an inquiry under Section 328 of