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2025 Supreme(Online)(JHK) 168

HIGH COURT OF JHARKHAND
MR. JUSTICE ANIL KUMAR CHOUDHARY, J
LAKSHMI KANT PRASAD – Appellant
Versus
STATE OF JHARKHAND – Respondent


Advocates:
Mr. Pandey Neeraj Rai, Advocate; Mr. Ashok Kr. Yadav, Sr. SC-I; Mr. Anish Kumar Mishra, AC to Sr. SC-I; Mr. Bibhash Sinha, Advocate

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. This Writ Petition (Cr.) under Article 226 of the Constitution of India has been filed with a prayer for issuance of an appropriate writ(s)/order (s)/direction(s) for quashing/set aside, with all consequences, the order dated 04.05.2024 passed by Additional Judicial Commissioner-VII, Ranchi in Criminal Revision No.492 of 2023 by which the learned Additional Judicial Commissioner-VII, Ranchi upheld the order dated 17.08.2023 passed by the learned Judicial Magistrate-XIII, Ranchi in Complaint Case No. 713 of 1999.

3. The brief facts of the case is that the petitioner who is an accused person of Complaint Case No.713 of 1999 filed a petition with a prayer to quash an order for constitution of Medical Board to determine the unsoundness of the mind of the petitioner invoking the power of the learned Judicial Magistrate- XIII, Ranchi under Section 329 read with 330 of the Code of Criminal Procedure. The learned Judicial Magistrate-XIII, Ranchi formulated the following two questions and the Medical Board answered the same as follows:-

Qn. No. (i) Whether the petitioner- accused of Complaint Case No.713 of 1999 namely Lakshmi Kant Prasad

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