Writ petition challenging a psychiatrist's report that the accused was fit to stand trial, obtained after referral under Section 329 CrPC. The Court held the statutory remedy is an appeal to the Medical Board against the expert's opinion and dismissed the petition with liberty to pursue that appeal.
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2024:BHC-AUG:18029
995-cwp-799-2024.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 799 OF 2024
Shaikh Sameer Shaikh Salim On Behalf Of Sk. Nayeem Sk. Salim VERSUS
The State Of Maharashtra
Advocate for the Petitioner : Mr. Kuldeep S. Kahalekar h/f Mr. Ghanekar Nilesh S. APP for Respondent/State : Ms. V.S. Choudhari
CORAM : S.G. MEHARE, J.
DATED : AUGUST 13, 2024
PER COURT:-
995-cwp-799-2024.odt
(2)
(S.G. MEHARE, J.)
Mujaheed//
1 issue framed by the court
Whether the psychiatric report finding the accused fit to stand trial under Section 329 CrPC should be challenged in this writ petition or before the Medical Board.
1 provisions across 1 enactments
Shaikh Sameer Shaikh Salim on behalf of Sk. Nayeem Sk. Salim
The State of Maharashtra
S.G. Mehare
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
