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It was day of grief and sorrow when 2 judges bench of Allahabad HC expressed their sorrow on the actions of the investigating agencies against the person of unsound mind who has been charged by the agencies under the Protection of Children from Sexual Offences Act. On 4th January 2019 when the petitioner filed a writ of mandamus under Article 226 of the Constitution of India directing the Investigating Agency to conduct fair and effective investigation in a case where a person of unsound mind has been charged for criminal offense.
The petitioner was charged by the police on the basis of an FIR at RehraBajar, District Balrampur, Uttar Pradesh. The contents of the FIR alleged the accused for committing offense under Ssection 366I.P.C – kidnapping a woman to compel her for marriage along with other charges under POSCO Act. However the defence pleaded that the accused is of unsound mind and thus falls within the exception of Section 84 of IPC& is unable to know the nature of the crime committed. With refence to the defence contention the court ordered a medical test to be conducted in accordance to the rules of Mental Health Care Act, 2017. The mental condition thus proved, the court deemed fit that the case falls within the scope of Section 84 of IPC & instructed the investigating agencies to stop further proceeding of the case. Compliance with the court orders was not done resulting in directing the Commissioner of Police to take cognizance in the case, when no action was taken by him the court in its order on 4th January 2019 expressed its condolence with the accused and expressed its sorrow against the actions of investigation agency. Along with imposing cost of Rs25,000 to be paid by the IO to petitioner’s mother, the court also said
“We are pained at recording that human rights are the last consideration for the Investigating officers”
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