Chaini Parwani –
Published On: October 12, 2021 at 09:15 IST
The Bombay High Court dismissed the petition filed by Karan Nair a 27-year-old Architect and resident of South Mumbai wherein he had sought quashing of the proceedings arising out of an FIR against him.
A Bench comprising Justices SS Shinde and NJ Jamadar stated that the petition of unsoundness of mind could not be accepted as the mental health certificate submitted by Nair was obtained after he was released on Bail and it was drafted based on the statements of Nair’s Mother.
Further while rejecting his Plea the Bench highlighted that “As the certificate did not throw light on the mental state of Nair at the time of the incident and as the narrative of the incident showed that he was aware of his actions and its consequences, it was not inclined to grant the reliefs sought.”
Advocate Rizwan Merchant, representing accused Karan Nair observed that his client was charged on May 8, 2020, as police inspector Jitendra Kadam and a sub-inspector from Marine Drive Police Station received cuts on their shoulder and hand respectively by the chopper which Nair was wielding.
Further Merchant requested relief stating that his client was not aware of what he was doing as he had suffered a bout of insanity and had no intention to harm anyone.
Furthermore, Advocate Merchant prayed that his client was not in an appropriate mental state when the incident took place and as the attack was not intentional, he should not be made to sustain a trial for intent to murder and other sections of the Indian Penal Code under which he is booked.
However, the Petition was rejected by the Bench on the grounds that no evidence was placed before the court to prove the mental deficiency of the man before, during or after the incident and it was not prepared to overrule the proceedings arising out of the FIR.
Advocate Merchant highlighted that when Nair was produced before the magistrate for imprisonment he had declared to be of unsound mind at the time of the incident, but the magistrate denied to accept and assigned the case for a hearing.
Although, Additional Public Prosecutor SR Shinde for the State and Kadam observed that Nair attacked the cops fully attentive to what he was doing and was mindful of the outcome of his actions, therefore the Plea should not be entertained and the accused should be charged under sections of the Indian Penal Code, the Arms Act and Maharashtra Police Act.
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