The Bombay High Court recently dismissed a petition filed by Karan Pradeep Nair, a 27-year-old architect and South Mumbai resident, with regard to the FIR lodged against him by the LT Marg police station for assaulting and injuring police personnel last year. There was a demand to quash the proceedings. years during the lockdown.
Last May, policeman Jitendra Kadam, who was on patrol duty near Mafatlal Bath Junction, tried to stop Nair as he was carrying a chopper and was not wearing a mask, according to him. COVID-19 Make a draft However, Nair attacked him and two other policemen, injuring them.
Advocate Rizwan Merchant, appearing for Nair, claimed that his client was not of sound mind at the time of the incident and had no intention to attack the policemen and, therefore, should not be prosecuted for attempt to murder and other offences.
A division bench of Justice SS Shinde and Justice NJ Jamadar on October 6 passed the order in respect of the FIR registered on May 9, 2020, which included attempt to murder, assault and likely to deter a public servant from performing duty and negligent act. Is. Spread of disease infection of Indian Penal Code (IPC) as well as Arms Act and Maharashtra Police Act.
The HC observed that the claim of being of unsound mind cannot be accepted. It said that the Mental Health Assessment Certificate obtained by Nair from a psychiatrist after his release on bail was prepared on the basis of facts and incidents reported by his mother.
“It is not the claim of the petitioner that he was already undergoing treatment for the disease before the incident. Thus, at this juncture, there is no material which throws light on the circumstances prior to the incident or the state of mind of the petitioner close to the time of the incident,” the court said.
Suffice it to note that a prosecution cannot be quashed on the ground that an accused is unable to defend himself by reason of unsoundness of mind.
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