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2002 DIGILAW 307 (JHR)

Ritesh Kumar Singh v. State Of Jharkhand

2002-03-07

D.N.PRASAD

body2002
ORDER D.N. Prasad, J. 1. This application has been filed under Section 397 and 401 of the Code of Criminal Procedure against the order dated 14.12.2001 passed by the learned 3rd Additional Sessions Judge. Dhanbad in S.T. No. 316 of 1999, whereby and whereunder the learned Court below rejected the application of the petitioner for initiating the proceeding under Section 329, Cr PC. 2. The learned Counsel appearing on behalf of the petitioner submitted that the petitioner has already been referred for treatment in Ranchi Mansik Arogyashala, Kanke by an order dated 8.8.2001 and the Civil Surgeon being the Chairman of the Medical Board should be examined in the enquiry. It is also submitted that the petitioner had already filed a petition under Section 330. Cr. P.C. in the Court below for examination of Civil Surgeon in this respect and the Court below rejected the prayer without appreciating the material fact. 3. On the other hand, the learned A.P.P. contended before me that this application is not maintainable at this stage, as the petitioner has already been referred for his treatment to the Mental Hospital at Kanke by the order of the Court. 4. From perusal of the record, it appears that the petitioner was referred for treatment to the Manshik Arogyashala, Ranchi by the order of the Court, as the petitioner was examined by the Medical Board under the Chairmanship of Civil Sur-geon-cum-Chief Medical Officer. Dhanbad on 27.2.2001. On being referred by the Civil Sur-geon-cum-Chief Medical Officer for the treatment of the petitioner, the petitioner has already been sent to the Manshik Arogyashala, Kanke, Ranchi for his treatment and as such the petitioner cannot pray for issuance of summon against Civil Surgeon only for examination under enquiry as laid down under Section 329, Cr PC. Since, the petitioner has already been getting treatment at Manshik Arogyashala, Kanke, Ranchi and as such the doctor giving treatment at Manshik Arogyashala, Ranchi can be specialised on this score. 5. Thus, there appears no merit in this application, at this stage, and accordingly this application is dismissed. However, the petitioner may raise all these points at the appropriate stage before the Court below, if he so advised.