Neutral Citation No. - 2025:AHC-LKO:18327 Court No. - 12 Case :- CRIMINAL APPEAL No. - 886 of 2025 Appellant :- Sandeep Mishra @ Sidharth Mishra (Unsound Person) Thru. Mother Shanti Mishra Respondent :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Appellant :- Km.Rachna Mishra,Anil Kumar Verma,Mohammad Sohail Khan Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. 1. Heard Km. Rachan Mishra, learned counsel for appellant, learned A.G.A. for the State and perused the material available on record. 2. In view of the proposed orders to be passed, notice to private opposite party no. 2 is dispensed with. 3. The appellant is an accused in Case Crime No. 168 of 2018, under Section 363 IPC and Section 3 (2) (v a) of the SC/ST Act, Police Station Wazirganj, District Lucknow, which is pending before the learned Special Judge (SC/ST Act), Lucknow in Special Case No. 242 of 2018. 4. It is submitted by learned counsel for appellant that summoning order dated 13.06.2018 has been issued by learned Special Judge (SC/ST Act), Lucknow in Special Case No. 242 of 2018 (State Vs. Sandeep Mishra alias Sidhartha) wherein the appellant has been granted bail on 04.06.2018 and subsequently due to adverse medical condition he could not appear, accordingly, non-bailable warrant was issued. 5. The appellant has taken a plea of insanity before this Court as provided under Section 84 IPC but undoubtedly such an application has not been taken before the trial court where it is supposed to be taken as proved to the satisfaction of the court concerned. 6. After arguing the matter at some length, learned counsel for appellant submits that considering the medical condition of the appellant, he may be permitted to move an application for discharge through counsel before the trial court and the same may be decided by the learned trial court in a time bound manner. 7. Accordingly, it is provided that in case, the appellant moves an appropriate application for discharge through counsel before the concerned court below within a period of eight weeks from today, the same shall be considered and decided expeditiously, preferably within a period of two months in accordance with law, by the concerned trial court. 8. With the aforesaid directions, this petition is finally disposed of. . (Alok Mathur, J.) Order Date :- 2.4.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench