Neutral Citation No. - 2025:AHC-LKO:13416 Court No. - 11 Case :- APPLICATION U/S 482 No. - 2052 of 2025 Applicant :- Rabindra Kumar Bhalotia Thru. Prateek Bhalotia Opposite Party :- Central Bureau Of Investigation Lko And Another Counsel for Applicant :- Nadeem Murtaza,Harsh Vardhan Kediya,Snigdha Singh Counsel for Opposite Party :- Anurag Kumar Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Nadeem Murtza assisted by Ms. Snigdha Singh, learned counsel for the applicant and Sri Anurag Kumar Singh, learned counsel for the C.B.I. 2. By means of this application u/s 528 BNSS / 482 Cr.P.C. following prayer has been made : "(a) Quash and set aside the Order dated 29.08.2024, passed by Ld. Special Judge, Anti Corruption , C.B.I.(West), Lucknow in Criminal Case No. 954 of 2017 arising out of RC No. 0062014A0024, Police Station CBI/ACB, District Lucknow, and direct the Ld. Special Judge, Anti Corruption, C.B.I. (West), Lucknow to treat the Applicant as a person of unsound mind." 3. Notably, the impugned order dated 29.8.2024 passed by the Special Judge, C.B.I./ Anti Corruption (West), Lucknow u/s 329 Cr.P.C. considering the submission of the applicant that his mental condition is not sound, therefore, he would not be able to participate in the trial proceedings. On such submission the learned trial court directed the examination of the present applicant before the Special Medical Board of K.G.M.U., Lucknow. 4. Sri Murtza has drawn attention of this Court towards Annexure no. 18 which is an order dated 10.5.2024 passed by the Apex Court in Criminal Appeal No. 2483-2486/2024 (SLP (Crl.) Nos. 424-427/2024) : Kabindra Kumar Bhalotia vs. State represented by Inspector of Police CBI ACB Chennai. 5. Sri Murtza has stated that in another case on such plea of the applicant the Medical Board was constituted at S.S.K.M. Hospital, Kolkata, West Bengal and on the report dated 24.11.2023 the Hon'ble Apex Court has observed that the present applicant would be treated as a person of unsound mind who is incapable of facing trial and taking his defense. Therefore, Apex Court has directed that the procedure prescribed under section 328, 329 and 330 of the Code shall be followed. 6. Sri Murtza has stated that when the Apex Court has already observed that the present applicant would be treated as a person of unsound mind considering the report of the medical board, no purpose would be served if the present applicant be re- examined by the medical board pursuant to the impugned order dated 29.8.2024. 7. On that Sri Anurag Kumar Singh has stated that the order dated 10.5.2024 of the Apex Court has not been placed before the trial court, therefore, after placing the aforesaid order of the Apex Court before the trial court any appropriate direction may be sought. However, Sri Singh has not disputed the fact that when the Apex Court has passed the order dated 10.5.2024 considering the report of Medical Board dated 24.11.2023 the impugned order dated 29.8.2024 may be kept in abeyance and a fresh order should be passed. 8. Having considered the submission of learned counsel for the parties and having perused the order of the Apex Court dated 10.5.2024, I find it appropriate that the order dated 10.5.2024 be placed before the learned trial court so that the learned trial court may pass a fresh order strictly in accordance with law considering the aforesaid judgment of the Apex Court, ignoring the impugned order dated 29.8.2024. 9. Therefore, the issue is remanded back to the learned trial court to pass a fresh order in the light of the judgment of the Apex Court dated 10.5.2024 on the application being filed by the applicant before the learned trial court within a period of 15 days. In such application the applicant may take all pleas and grounds which are available to him and the learned trial court while disposing of that application shall address all the pleas and grounds which would be taken by the applicant including the direction being issued by the Apex Court in the judgment dated 10.5.2024 (supra). 10. It is made clear that this order has been passed without entering into the merits of the issue, therefore, the learned trial court shall pass appropriate order strictly in accordance with law by affording an opportunity of hearing to the parties with expedition without being influenced from any observation of this order. 11. Accordingly, this application is disposed of finally in view of the aforesaid terms. [Rajesh Singh Chauhan, J.] Order Date :- 5.3.2025/Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench