A father, who registered a case of assault against his 34-year-old mentally unstable son, knocked on the doors of Bombay high court seeking to quash the complaint, saying if his son is arrested, none other than him would be the sufferer. The court recently conceded to his request.
The 63-year-old, Abdul Ali Abdu Samad Shaikh who lives in Kalina, had moved court seeking to quash the complaint registered by him against his son Liyakat. The retired senior citizen pleaded in his petition that his son has been mentally unstable for some years now and that he attacked him (Abdul) with a knife in a moment of rage. "He is undergoing treatment in a hospital, and if, on his release, the police arrest him under sections 324 (voluntarily causing hurt) and 504 (intentional insult with intent to provoke breach of the peace), then I would be the only sufferer," Abdul said.
A division bench of justices VM Kanade and PD Kode, while taking into account the father's pleadings and the necessary medical certificates of himself and the son submitted to the court, along with the petition, quashed and set aside Abdul's complaint.
Shaikh in his petition had said he lives on the ground floor, while his son stays alone on the first floor of the building. As he is mentally unstable, Abdul gives him daily allowance for sustenance. On July 8, when Abdul was in his house, Liyakat came in and demanded money. Abdul told him he would get more money only after the amount already given to him is spent. Liyakat started abusing him and left the house, only to return with a knife. He then, in a fit of rage, attacked Abdul in the abdomen.
Abdul was taken to a hospital, where he was given six stitches. He then lodged a complaint against Liyakat, who, in the meanwhile, had fled and was untraceable. On July 13, a relative of Abdul found Liyakat at Akola railway station. Abdul rushed there, and has now admitted him to a mental hospital.
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