J U D G M E N T

This writ petition under Article 226 of the Constitution of India raises an interesting question as to whether the provisions of the Mental Health Act , 2017 (the MHA ), can have retrospective operation. The petitioner seeks issuance of a writ of certiorari or other appropriate direction or order quashing Ext.P3 final report in C.C.No.2585/2016 on the file of the Judicial First-Class Magistrate Court-VIII, Ernakulam.

2. The petitioner is the accused in C.C. No.2585/2016, in which she is alleged to have committed the offence punishable under Section 309 IPC . Her husband, a sitting MLA, was contesting in the election. While so, one of his opponents created and circulated an audio clipping which contained the petitioner's edited conversations. Her conversations at various times were edited and made into an audio clipping which highly damaged the election prospects of her husband and was highly defamatory to the petitioner. Due to this, she was under severe stress and hence had consumed an overdose of sleeping bills.

3. The learned counsel for the petitioner relying on Section 115 of the MHA submitted that proceeding with the criminal case would be a clear abuse of th