Bridget Veronica D''Sa and Jaklin D''Sa vs The State of Karnataka

K.N. Keshavanarayana, J.—In this petition filed u/s 482 of Cr.P.C., the petitioners have sought for quashing the proceedings in Criminal Misc. No. 2/2013 on the file of the Principal Senior Civil Judge and C.J.M., Udupi. The Deputy Commissioner, Udupi District, submitted a confidential report before the learned Magistrate on 17.06.2013 requesting the Magistrate to initiate proceedings u/s 28(1) of Mental Health Act, 1987 (for short, ''the Act'') and to pass appropriate orders in respect of these two petitioners. In the report, the various circumstances under which the Deputy Commissioner was of prima facie opinion that the proceeding u/s 28 of the Act is required to be taken, has been stated. The petitioners have contended that the report has been submitted at the behest of the neighbourers of the petitioners only with a view to knock-off the valuable properties owned by these petitioners and to see that they are evicted from the said place, and that there are no such circumstances, which warrants action u/s 28 of the Act.

Having heard the learned counsel for the petitioners, at this stage, I find no justifiable grounds to entertain the petition.

Section 28 of the Act deals with the detention of the alleged mentally ill person pending report by Medical Officer. As per sub-section (1) of Section 28, when any person alleged to be a mentally ill person appears or is brought before a Magistrate u/s 23 or Section 25, the Magistrate may, by order in writing, authorize the detention of the alleged mentally ill person under proper medical custody in an observation ward of a general hospital or general nursing home or psychiatric hospital or psychiatric nursing home or in any other suitable place for such period not exceeding ten days as the Magistrate may consider necessary for enabling any medical officer to determine whether a medical certificate in respect of that alleged mentally ill person may properly be given under clause (a) of sub-section (2) of Section 24. As per the proviso of subsection (2) of Section of Section 28, the maximum period of such detention shall not exceed 30 days in aggregate. Section 23 of the Act deals with powers and duties of Police Officers in respect of certain Mentally ill persons. Section-24 deals with procedure on production of mentally ill person before the Magistrate. In the case on hand, though the Deputy Commissioner of Police filed report before the Magistrate, the petitioners were not produced before the Magistrate. Therefore, the learned Magistrate, in exercise of his power under sub-section (3) of Section 25, has directed the jurisdictional police to produce the petitioners before him for taking further action in the matter. It is for the Magistrate to satisfy himself, whether or not action under sub-section (1) of Section 28 of the Act, is warranted. Therefore, at this stage, having regard to the contents of the report of the Deputy Commissioner, it cannot be said that the order passed by the learned Magistrate directing production of these petitioners, is without jurisdiction. It is emphasized that the learned Magistrate, on production of these petitioners, would decide as to whether the procedure as laid down in Section 28 of Act, is required to be taken or not.

With the above observations, the petition is disposed of.