Neutral Citation No. - 2025:AHC:113560 Court No. - 73 Case :- APPLICATION U/S 482 No. - 41246 of 2024 Applicant :- Digvijay Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rahul Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicant, as well as learned A.G.A. for the State-respondent and perused the record on board. 2. Instant application has been filed under Section 482 Cr.P.C. for quashing the entire criminal proceeding including the impugned order dated 15.12.2023 in Special Case No.33 of 2018 (State vs. Digvijay Singh & Another) arising out of Case Crime No.0164 of 2017 under Section 354-A I.P.C. and Section 8 of POCSO Act, Police Station Chikasi, District Hamirpur pending before Additional District Judge/Special Judge POCSO Act, Hamirpur. 3. It is submitted that as per F.I.R. version on the date of occurrence of offence dated 11.09.2017 at about 6:30 a.m. while the daughter of the first informant went for defecation, she has allegedly been molested by the accused (applicant herein). 4. During pendency of the criminal proceeding, present applicant has moved an application before the court below under Section 329(2) Cr.P.C. for discharge on the ground of mental illness. Learned Special Judge, POCSO Act, has rejected the application by the order impugned dated 15.12.2023, which is under challenge before this court. 5. Having considered the rival submissions advanced by learned counsel for the applicant as well as learned A.G.A. and upon perusal of record, it manifests that learned Magistrate has examined all the medical documents adduced on behalf of the accused before him and came to the conclusion that there is no valid certificate from the medical board that the accuse is a mentally disabled person. He has further observed that prescriptions of the doctors and the other documents adduced at the behest of accused are not of such standard to dispensed with the accused under Section 329(2) Cr.P.C. from facing the trial. However, it is evident that the court concerned has not taken any appropriate step to refer the accused/applicant (allegedly unsound mind person) to any psychiatrist or clinical psychologist for care and treatment and he has not called for the report from them as enunciated under Section 329(1A) Cr.P.C. There is also a provision that if the accused is not satisfied with report of psychiatrist or clinical psychologist, he may prefer an appeal before the medical board. There is a provision to constitute the medical board under proviso to Section 329(1A) Cr.P.C. However, none of the provision as enunciated under Section 329 Cr.P.C. have properly been followed by the court concerned while dismissing the application moved on behalf of the present applicant for discharge/postponement of further proceeding/acquittal under Section 329(2) Cr.P.C.and other following sections as per law. 6. Thus, I am of the considered view that before proceeding on the merits of the case, mental condition of the present applicant should be examined, initially by any psychiatrist or clinical psychologist, and, thereafter, by Medical Board if required, as enunciated under Section 329(1) & (1-A) Cr.P.C. 7. In this conspectus, as above, in the interest of justice, instant application is partly allowed. Order impugned dated 15.12.2023 is hereby quashed and the original application moved on behalf of the applicant under Section 329(2) Cr.P.C. (Application No.40 kha) is restored to its original number. Parties are relegated before the court concerned to get the aforesaid application decided afresh in light of the provision as enunciated under Section 329(1) & (1A) Cr.P.C. It is expected that the said application shall be decided as early as possible. Order Date :- 15.7.2025 VR Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad