What shall be the proper course to be adopted by the Trial
Court when an accused, against whom the trial was once postponed,
consequent to the enquiry under Section 329 Cr.P.C, is brought back
with the report that he is fit to stand trial? Is the Trial Court required
to refer the matter under Section 105 of the Mental Health Care Act,
2017 to the Mental Health Review Board, at that stage? Should the
accused be given an opportunity, before proceeding with the trial, to
show that he is still incapable of making a defence? These are the
issues to be resolved in this Original Petition, filed under Article 227
of the Constitution of India by the father of the accused in S.C
No.256/2019 on the files of the Sessions Court, Thrissur.