Empowers the Magistrate to proceed under section 466 Cr.P.C. even when such determination is pending but this provision does not apply to the accused facing trial before the Court of Sessions.

 Section 466 Cr.P.C. has two sub-sections which deal with two distinct situations and end up with different consequences. As already discussed, sections 464 and 465 Cr.P.C. mandate that whether the proceedings are before the Magistrate or a trial before the Court of Sessions or the High Court, if a question about the legal capacity of the accused arises it must be determined in the prescribed manner forthwith. Section 464(1A) Cr.P.C. empowers the Magistrate to proceed under section 466 Cr.P.C. even when such determination is pending but this provision does not apply to the accused facing trial before the Court of Sessions. It must make that determination first. In the instant case, since the Petitioner is being tried by the Sessions Court and I have held that the finding regarding his mental disorder has not been recorded in accordance with law, section 466 Cr.P.C. cannot be invoked at this point of time. Every order under section 466 Cr.P.C. thereunder must be passed in the light of the jurisprudence discussed above and should be supported by reasons.

Crl. Revision :19771/21
Shahbaz Ahmad Vs The State etc.
Mr. Justice Tariq Saleem Sheikh
04-06-2021
2021 LHC 1560