Friday, June 11, 2021

An application under Section 23 read with Section 24 in Chapter IV, Part III, of the Mental Health Act’ 1987, for Admission and Detention in Psychiatric Hospital or Psychiatric Nursing Home of Mentally ill person

 

District : South 24 Parganas

In the Court of the Learned Additional Chief Judicial Magistrate, at Alipore, South 24 Parganas.

 

                                                          Misc. Case no.                of 2016

 

                                                          In the matter of :

Smt. Bimala Sardar, Wife of Late Bharat Sardar, residing at Balarampur, Sardarpara, Police Station – Bishnupur, District – South 24 Parganas, Pin – 743503.

          _______Applicant / Petitioner

Police Station - Bishnupur

AND

 

In the matter of :

Sukanta Sardar, Son of Late Bharat Sardar, residing at Balarampur, Sardarpara, Police Station – Bishnupur, District – South 24 Parganas, Pin – 743503.

          _________Mentally ill person

 

An application under Section 23 read with Section 24 in Chapter IV, Part III, of the Mental Health Act’ 1987, for Admission and Detention in Psychiatric Hospital or Psychiatric Nursing Home of Mentally ill person.

 

The humble petition of the above named applicant / petitioner Smt. Bimala Sardar, most respectfully;

 

Sheweth as under :

 

1.   That the applicant / petitioner is an old aged widow lady, residing permanently at the address as given in the cause title of this application.

 

2.   That the applicant have only son Sukanta Sardar, who is mentally ill person as shown in the cause title of this application. The said mentally ill person, has been under continuous treatment since twelve years and more. Now the said Mentally ill person is much incapable of taking care of himself and moreover he is causing hurt to himself and his all and every activities causing hazardous and dangerous to other people lives in vicinity.

 

3.   That the applicant being the mother of her only son under such compelling circumstances, made this application before the Learned Court under Section 23 read with Section 24 in Chapter IV, Part III, of the Mental Health Act’ 1987, for Admission and Detention in Psychiatric Hospital or Psychiatric Nursing Home of Mentally ill person, in the interest of better treatment thereof.

 

4.   That the applicant undertake to bear the reasonable cost and expenses as assessed by the concern Psychiatric Hospital or Psychiatric Nursing Home, as of directed by the Learned Court in the interest of proper care and protection of the said Mentally ill person.

 

5.   That the applicant herein produce the original Medical documents as of prescription which clearly shows and established the facts of the continuous treatment and of the present behavior of the said Mentally ill person, which causes dangerous to his life as well as of the other’s life in the vicinity.

 

6.   That the applicant herein is also produce some photograph to show that how the said mentally ill person is staying at his regular daily life in a nude and tide with chain in a room under much compelling circumstances of his violence behavior and brutal attitude.

 

7.   That the applicant herein being the old aged widow lady now not in a position to take care and protection of her only son, and therefore under compelling circumstances, she constrained to make this application for Admission and Detention in Psychiatric Hospital or Psychiatric Nursing Home of Mentally ill person, under Section 23 read with Section 24 in Chapter IV, Part III, of the Mental Health Act’ 1987.

 

8.   That the applicant herein is a poor lady with her meager income to lead her life through cultivation of food grains and at the age of her life to get care and protection from her only son, she is much engaged to provide care and protection of her only son due to mentally ill health of her son and now in the factual circumstances she failed awhirl as her health does not permit.

 

9.   That this application is made bonafide in the interest of administrat9ion of justice.

 

It is therefore prayed that your Honour would graciously be pleased to allow this application and to direct the concern Govt.  Psychiatric Hospital or Psychiatric Nursing Home, for Admission and Detention in Psychiatric Hospital or Psychiatric Nursing Home of Mentally ill person, under Section 23 read with Section 24 in Chapter IV, Part III, of the Mental Health Act’ 1987, on production of the said Mentally ill person by the applicant herein, in the interest of administration of justice, and or to pass such other or further order or orders as Your Honour may deem, fit, and proper for the end of justice.

 

And for this act of kindness, the Petitioner as in duty bound shall ever pray.

 

 

 

 

 

Verification

 

I, Smt. Bimala Sardar, being the applicant / petitioner herein made this application under Section 23 read with Section 24 in Chapter IV, Part III, of the Mental Health Act’ 1987, for Admission and Detention in Psychiatric Hospital or Psychiatric Nursing Home of Mentally ill person. I am much conversant and acquainted with the material facts, as stated in the foregoing paragraph of this application. I verify and Sign this application as on __________________2016, at Alipore Criminal Court.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Affidavit

 

I, Smt. Bimala Sardar, Wife of Late Bharat Sardar, aged about _____ years, by faith Hindu, by Occupation House Wife, inhabitant Indian, residing at Balarampur, Sardarpara, Police Station – Bishnupur, District – South 24 Parganas, Pin – 743503, do hereby solemnly affirm and says as follows :

 

1.   That I am the applicant / petitioner herein in this application, and I am Competent to swear this affidavit.

 

2.   That the contents of the paragraph nos. _________ to _________, are ture to my knowledge and belief and the rests are my humble submission before the Learned Court.

That the above statements made by me are true to my knowledge and belief, and no parts whereof has ever been concealed by me.

 

 

DEPONENT

Identified by me,

 

Advocate.

 

Prepared in my Chamber,

 

Advocate.

Date : _________________2016

Place : Alipore Criminal Court

NOTARY                                                     

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