Law: Code of Criminal Procedure, 1898

Section: 465, 467, 468, 173

Law: Pakistan Penal Code, 1860

Section: 302

Tag Line  Court must first determine unsoundness of mind under Section 465 Cr.P.C.; trial cannot proceed without following mandatory procedure.  Summary Petitioner (accused in murder case under Section 302 PPC) claimed mental illness (schizophrenia). Medical Board confirmed he was suffering from schizophrenia. Trial court: Initially observed he appeared of unsound mind Later (without proper inquiry) declared him fit to defend and continued trial High Court held: Proper procedure under Section 465 Cr.P.C. was not followed Court cannot switch opinion without formal determination Section 468 Cr.P.C. was wrongly applied  Case remanded with direction to: First decide mental capacity Then proceed with trial ORDER; Through this petition, the petitioner has assailed the orders dated 06.12.2025 passed by the learned Additional Sessions Judge, Dunyapur, whereby the learned Additional Sessions Judge made an observation that the petitioner was capable of making his defence and, therefore, ordered to proceed with the trial of the case. 2.    Brief facts of the case leading upto the filing of the instant petition are that the petitioner was named as an accused in case F.I.R. No.04 of 2025 registered at the Police Station Saddar Dunyapur, District Lodhran in respect of an offence under section 302 P.P.C. and after the investigation of the case, report under section 173 Cr.P.C. was submitted before the learned Magistrate concerned on 13.02.2025, who transmitted the same to the learned Sessions Judge, Lodhran and the learned Sessions Judge, Lodhran, then sent the case for trial to the learned Additional Sessions Judge, Dunyapur. During the course of the proceedings, charge against the petitioner was framed on 07.03.2025, who denied the same and claimed trial, however, subsequently during the course of trial, an application was submitted on behalf of the petitioner seeking his examination with regard to his mental health and upon the said application, the learned Additional Sessions Judge, vide order dated 21.05.2025, directed that the petitioner be examined by a Medical Board to be constituted by the Medical Superintendent, B.V. Hospital,…