The trial Court initiated proceedings against the petitioner under Section 82-83 Cr.P.C. after which the learned Court below registered an FIR under Section 174-A IPC against the petitioner for non-appearance in compliance of proceedings under Section 82-83 Cr.P.C. Even after this, the petitioner could not make himself available before the trial Court. An FIR bearing registration No.178/2010 was came to be lodged at Police Station, Sadar Bikaner, District Bikaner, which is now pending before the learned trial Court sought to be transferred. Thereafter, petitioner was taken before the learned trial Court through his relative on 27.11.2010 wherein he denied the charges and pleaded trial. The petitioner was hospitalized in Mathura Das Mathur Hospital, Jodhpur from 03.02.2008 to 01.07.2008. During treatment, the petitioner was diagnosed with a mental disease called Schizophrenia. The petitioner suffered from problems like lack of sleep, withdrawn and aloof, suspicious to other, not communicating to speech for last 4-5 years. He was declared as mentally disabled to the extent of more than 40% mental disability by the Medical Board constituted by the Department of Psychiatry, MDM Hospital and Dr. S.N. Medical College, Jodhpur.
