IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

CRL.O.P.NO.22910 OF 2021

AND

CRL.M.P.NO.12510 OF 2021

Sunitha

..Petitioner

Versus

1. The State

Represented by its Inspector of Police,

J-7 Velchary Police Station

Chennai-42.

2. S.Kanaka

... Respondents

PRAYER: Criminal Original Petition filed under Section 482 of

the Code of Criminal Procedure to call for the records from the

learned 18th Metropolitan Magistrate Court, Saidapet pertaining

to the impugned C.C.No.5020/2017 and to quash the same.

For Petitioner

:

Mr.P.Vijendran

For Respondents

: Mr.E.Raj Thilak (R1)

Additional Public Prosecutor

O R D E R

The Petitioner/Accused who is facing trial in C.C.No.5020

of 2017 for the offence punishable under Sections 294(b), 324

and 506 (2) IPC has filed this quash petition.

2. The contention of the learned counsel appearing for the

petitioner is that the petitioner, who is suffering from

Paranoid Schizophrenia is said to have assaulted P.W.1 using

hammer. He further submitted that in the Medical report issued

by the Institute of Mental Health, Kilpauk it is stated that the

petitioner who is suffering from Paranoid Schizophrenia was

taking treatment from 2014 to 2017 and evaluation has been made

on her, still she continues to suffer. He further submitted

that as per Section 330 Cr.P.C, Section 84 IPC and following The

Mental Healthcare Act, 2017 (in short 'the Act'), the petitioner

acts to be liberally considered. He further submitted that

though the said fact has been brought to the notice of the Lower

Court, the Lower Court has insisted her presence and issued Non

Bailable Warrant against the petitioner on 24.11.2021. He

further submitted that the petitioner is willing to proceed with

the Trial and the trial Court may be directed to act

sympathetically taking note of her health condition.

3. The learned Additional Public Prosecutor submitted that

P.W.1 to P.W.3 have been examined. He further submitted that

the Doctor Institute of Mental Health, Kilpauk, is yet to be

examined and if the Doctor confirms the health condition as

contended by the petitioner, the presence of the petitioner may

not be insisted.

4. Considering the submissions made by the learned counsel

appearing on either side as the disease of the petitioner is not

in dispute, the trial court, by taking note of Section 330

Cr.P.C. and Section 84 I.P.C. and the Mental Healthcare Act,

2017, cannot insist the presence of the petitioner.

5. In view of the same, NBW issued against the petitioner

on 24.11.2021 is hereby recalled and the petitioner is directed

to participate in the trial through her counsel and the learned

counsel shall cross examine the witness on the same day itself.

The Trial Court is directed to conduct trial on the day-to- day,

in accordance with law. and complete the same, within a period

of three months from the date of receipt of a copy of this order.

This Criminal Original Petition is disposed of accordingly.

Consequently, connected Miscellaneous Petition is closed.

Sd/-

Assistant Registrar(CS-V)

//True Copy//

Sub Assistant Registrar

arr

To

1. The Inspector of Police,

J-7 Velchary Police Station, Chennai-42.

2. The Public Prosecutor,

High Court, Madras.

+1cc to Mr.P.Vijendran, Advocate, S.R.No.65194

Crl.O.P.No.22910 of 2021

RGN(CO)

RLP(04/01/2022)