Mumbai: The Bombay High Court refused to cancel efforts to kill the case filed against a 27-year-old man who was diagnosed with mental health conditions suspected of threatening and attacking two police officers when they pursued and intercepted him to roaming around Covid.
-19 guidelines last May.
The man was alleged to be armed with a helicopter at the time the incident was said to have occurred.
The man, a South Mumbai resident did not understand his charges or actions, had no intention of being injured and therefore could not face criminal trials, argued his adviser Rizwan Merchant.
HC said: “The prosecution cannot be canceled on the ground being accused of being unable to defend himself because of the minds of the mind.” In an assessment on October 6, SS Shinde and NJ Jamadar justice bench cites Chapter 25 of the Criminal Procedural Legal Regulatory book, a criminal procedure code, to state that it made “complicated provisions” to overcome the situation when the defendant was found so as not to be able to defend himself at the trial The grounds are “bad mind”.
The prosecution case was that the man allegedly threatened to attack the police if they advanced to arrest him.
Two polive officials were finally arrested and controlled, then disruuted.
The injury suspected of being caused by the police was “a simple injury”, the trader said quoting a medical certificate.
He argued that Fir itself showed that man did not know that his actions were wrong.
He also produced a male medical paper and his treatment of “psycho-pharmacotherapy and psychotherapy”.
Additional Public Prosecutor S R Shinde said there was a “sufficient material” to show that he was “aware of” his actions and “deliberately injuring” the police, added that no one was noted to show mental health problems before fir.
HC said that when madness begged for a criminal case, the court must ensure what the mental state was accused when the crime was committed.
It was said that in this case, no one would explain the condition of his mind that day.
Mental illness without reason for murder offers: Bombay HC
