RAGHUVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal misc. petition under section 482 Crimial P.C., challenge has been made to the order dated 10.03.2010 passed by the learned Additional Sessions Judge (Fast Track) No.5, Jaipur city, Jaipur in Criminal Revision No.29/2010 whereby the learned revisional court upheld the order dated 16.12.2009 passed by the Civil Judge (Senior Division) and Additional Chief Judicial Magistrate No.12, Jaipur city, Jaipur dismissing the application filed on behalf of the petitioner under section 328(3) Crimial P.C.

(2.) Briefly stated, the facts for the disposal of the present petition are that the petitioner is facing trial for the offence under section 138 of the Negotiable Instruments Act, 1881 (here-in-after to be referred as, 'the Act'). An application was moved in the trial court that the criminal proceedings require to be stayed against the petitioner as he is a patient of Schizophrenia and does not understand as to for what the matter is and also for what he is facing trial. The learned trial court asked some questions from the petitioner and also got satisfied that he was capable enough to understand regarding court proceedings and the trial which he is facing. The trial court also examined the report of the medical board in this regard. The trial court after considering the entire matter, rejected the application moved under section 328(3) Crimial P.C. on 16.12.2009. The revision petition preferred against the order dated 16.12.2009 has also been dismissed by the revisional court vide order dated 10.03.2010. Hence, the present petition has been filed.

(3.) It has been the contention of the learned counsel that in view of the provisions of section 328 Crimial P.C., the criminal proceedings require to be stayed against the petitioner as he is a patient of Schizophrenia and in fact he is of unsound mind.