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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO.50/2017
1. Supriya Nirmal Mandal,
aged 41 years, Occ. Service,
r/o Rai Vatika, Plot No.1,
Khadgaon Road, Wadi, Nagpur.
2. Nirmalchand Sanshodhar Mandal,
aged 70 years, Occ. Retired,
r/o Jairaj Nagar, Tukum Chandrapur.
3. Shilpi Nirmalchand Mandal,
aged 35 years, Occ. Teacher,
r/o Jairaj Nagar, Tukum, Chandrapur. .....PETITIONERS
...V E R S U S...
1. Saptarshi Nirmalchand Mandal
(deleted as per order dated 10.02.2017)
2. State of Maharashtra, through PSO
P. S. Ram Nagar, Chandrapur. ...RESPONDENTS
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Mr. R. L. Alone, Advocate for petitioners.
Mr. N. B. Jawade, A.P.P. for respondent no.2.
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CORAM:- V. M. DESHPANDE, J.
DATED :- 16.06.2017 ORAL JUDGMENT
1. Rule. Rule returnable forthwith. Heard finally by consent of the parties.
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2. By this petition, the petitioners are challenging the order passed below Exh.-1 by the learned Chief Judicial Magistrate, Chandrapur in Misc. Criminal Case No.843/2016 which was filed on behalf of the present petitioners under Section 19 of the Mental Health Act. According to the petitioners, who are sisters and father of one Saptarshi Nirmalchand Mandal, aged 39 years, (hereinafter referred to as the "Said Person") is mentally ill person and therefore a prayer was made that he be admitted in the mental hospital. On 04.11.2016, the learned Chief Judicial Magistrate passed an order. By that order, he directed that the said person be sent to Civil Surgeon, Chandrapur for observation for a period which may be required by the Civil Surgeon but not more than 7 days. Accordingly, the said person was sent for observation to the Civil Surgeon.
3. According to the learned counsel for the petitioners, the said person was under observation only for a period of 4 days and not for a period of 7 days as directed in the order dated 04.11.2016. This particular submission is, in my view, highly misconceived since the said order reads that "Hence it is directed that he be sent to Civil Surgeon, Chandrapur for observation for a ::: Uploaded on - 20/06/2017 ::: Downloaded on - 21/06/2017 00:30:46 ::: 3 crwp59.17.odt period as may be required by the Civil Surgeon but not more than 7 days.."
After observing the said person for 4 days, he was discharged and the Discharge Card was placed before the learned Magistrate.
4. On 07.11.2016, when the said person was produced, the learned Chief Judicial Magistrate had gone through the Discharge Card and the observations shows that the Doctors have pointed out to the Court that the medicines were given to the said person and his condition was good. The learned Chief Judicial Magistrate, thereafter personally interviewed the said person and observed that the behaviour of the said person cannot be termed as abnormal and therefore he refused to exercise the power for sending the said person to mental asylum.
The learned A.P.P. supports the order passed by the learned Chief Judicial Magistrate, Chandarpur.
5. After perusal of the order passed by the learned Chief Judicial Magistrate, Chandrapur, it is crystal clear that the medical report about the said person was placed before the learned Chief ::: Uploaded on - 20/06/2017 ::: Downloaded on - 21/06/2017 00:30:46 ::: 4 crwp59.17.odt Judicial Magistrate. The learned Chief Judicial Magistrate not only perused the said medical report but also personally satisfied about the mental condition of the said person. His subjective satisfaction, which he has arrived was the based on the questions which he put to the said person. I do not find any reason to interfere with the observations in the order passed by the learned Chief Judicial Magistrate in the circumstances of the present case.
In view of above, the writ petition is dismissed. Rule is discharged.
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