Central Bureau Of Investigation v. S.S Ahluwalia

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P.

976/2024, CRL.M.A.

22335/2024, CRL.M.A.

22336/2024 & CRL.M.A. 22337/2024 CENTRAL BUREAU OF INVESTIGATION .....Petitioner Through:

Mr. Ripu Daman Bhardwaj, SPP with Mr. Abhinav Bhardwaj, Advocates.

versus S.S AHLUWALIA .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 01.08.2024 1.

This petition has been filed by CBI assailing the impugned order dated 16.01.2024 passed by Special Judge (P.C. Act), Rouse Avenue District Court, New Delhi.

2.

The impugned order was based on an application under Section 105 of the Mental Healthcare Act, 2017 read with Section 329 Cr.P.C. Accused, who is a senior citizen of 88+ years of age, was admitted in Fortis Hospital, Okhla in January, 2023 and was diagnosed with ILD (Fibrocystic Sarcoidosis), Hypertension, LRTI and Osteoarthritis Bilateral Knee infirmities. Later, his health condition deteriorated and developed Alzheimer's disease.

3.

A medical Board was constituted at IHBAS which furnished a report The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/08/2024 at 11:51:53

stating that accused was unfit to stand trial and that he is a case of Moderate Dementia with Atypical Parkinson's with Atypical Parkinson's Disease. The condition being progressive and not likely to improve as also having comorbid conditions. 4.

Trial Court recorded testimonies of doctors which formed part of the Board.

5.

The Court has perused the same and does not find any reason to interfere with the said impugned order.

6.

Accordingly, the said petition is dismissed.

7.

Order be uploaded on the website of this court. ANISH DAYAL, J AUGUST 1, 2024/KD/kp Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/08/2024 at 11:51:53