'Perceived Himself As Batman': Plea Seeks To Quash FIR Against 'Bipolar' Man For Burning Police Jeep, Gujarat High Court Issues Notice

A man who claims to be suffering from bipolar disorder moved the Gujarat High Court on Monday (December 1) seeking quashing of an FIR for allegedly setting a police jeep on fire in 2023 citing his medical condition and adding that due to the condition he had he perceived himself to be a character by the name of Batman. 

Justice Vimal K Vyas issued notice on the plea and listed the matter after two weeks.

At the outset of the hearing the senior counsel appearing for the petitioner said, "This is an application for quashing on as such a very unusual ground as I am relying on Section 22 of BNS".

For context, Section 22 states that nothing is an offence which is done by a person who, at the time of doing it, by reason of mental illness, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law

The senior counsel said:

"This man at relevant point of time, and since childhood is suffering from bipolar disease. And bipolar disease of a very high degree. This comes in stages. It does not remain with a person forever. So I cannot tell your lordships today that it is always with him. On a given day when the phase is there that man would be absolutely feeling very elated and in different condition but on a given day he may become violent. On a given day what a man does in a bipolar state is that he starts perceiving himself to be somebody. He may go into a zone where he may start perceiving himself to be social activist, or he may perceive himself to be police inspector also. On a given day when this (incident) happened he went into a zone where he started feeling that he is a character by the name of Batman. He was in that zone at the relevant point of time". 

He submitted that the petitioner's house is quite close to the police station. He said, "He went to the police jeep which was parked outside, he took certain papers burnt the papers and put them in the jeep and slowly walked out...The jeep started burning. Police came out, it (fire) was doused. They saw CCTV and found that it was this man. They went and arrested him". 

The court was informed that the petitioner was arrested on the same day i.e. on September 10, 2023. The next day he was produced before the magistrate and was granted bail, after which he was admitted to a hospital. Thereafter, the counsel said, the petitioner was transferred to a Rehabilitation centre in Bangalore. 

Referring to medical reports and treatment papers, the counsel further submitted that the petitioner had been getting periodic treatment. The counsel also said that the petitioner's mother takes care of him. 

"Fair enough he has committed the offence. Would it not even entail the police to atleast take these papers into record in the chargesheet? Nothing of this sort is even placed by them on record. Without this I will never be able to prove my innocence," the counsel said. 

At this stage the court asked if the petitioner had moved any application before the magistrate court for or discharge, to which the counsel said that they had not. 

Referring to provisions in the BNSS the court orally said, "Magistrate has to form the opinion whether at the time of incident he (petitioner) was of sound mind or not. For that magistrate is the only person who is empowered. He can take help of the government psychiatrist or any department and then he will form the opinion...At the time of incident whether he was at this stage or not, the magistrate has to form an opinion". 

The counsel said that they would do the same. 

After hearing the matter for some time the court issued notice on the petition. 

The matter is next listed on December 16.