[2025:RJ-JP:49821]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 975/2025 Sonu Ram Pachauri S/o Late Shri Shibbo, Aged About 32 Years, R/o Village Chitaura, Distt. Dholpur, Police Station Kolari, Distt.

Dholpur (Raj).

----Victim-Petitioner Versus

1. State Of Rajasthan, Through P.p.

2. Puran Singh S/o Shri Chotelal, Through His Biological Son Ved Prakash Tyagi S/o Puran Singh R/o Village Chitaura, Distt. Dholpur, Police Station Kolari, Distt. Dholpur (Raj).

----Accused-Respondents For Petitioner(s) : Mr.Nirmal Kumar Sharma with Mr.Anurag Chahar For Respondent(s) : Mr.Amit Punia, PP JUSTICE ANOOP KUMAR DHAND

Order

08/12/2025

1. By way of filing the instant criminal misc. petition, a challenge has been made to the impugned order dated 05.12.2024 passed by the Additional Sessions Judge, Dholpur by which the custody of the accused Puran Singh has been handed over to his son on the ground that the accused-Puran Singh is suffering from severe dementia with behavioural problems leading to severe cognitive impairment.

2. Learned counsel for the petitioner submits that the condition of the accused-Puran is not as such that he could not face the trial. Hence, under these circumstances, interference of this Court is warranted.

3. Before proceeding further to decide the instant matter, this Court deems it just and proper to quote the relevant provisions with regard to the issue involved in the instant petition. The provisions contained under Chapter XXV of the Code of Criminal Procedure, deals with the accused-persons of unsound mind.

Section 329 therein reads as under:-

“329. Procedure in case of person of unsound mind tried before Court.—(1) If at the trial of any person before a Magistrate or Court of Session, it appears to the Magistrate or Court that such person is of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall, in the first instance, try the fact of such unsoundness and incapacity, and if the Magistrate or Court, after considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone further proceedings in the case.

1 [(1A) If during trial, the Magistrate or Court of Sessions finds the accused to be of unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist or clinical psychologist, as the case may be shall report to the Magistrate or Court whether the accused is suffering from unsoundness of mind:

Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of—

(a) head of psychiatry unit in the nearest government hospital; and (b) a faculty member in psychiatry in the nearest medical college.]

2 [(2) If such Magistrate or Court is informed that the person referred to in sub-section (1A) is a person of unsound mind, the Magistrate or Court shall further determine whether unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the Magistrate or Court shall record a finding to that effect and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if the Magistrate or Court finds that no prima facie case is made out against the accused, he or it shall, instead of postponing the trial, discharge the accused and deal with him in the manner provided under section 330:

Provided that if the Magistrate or Court finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the trial for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment