Can an anticipatory application be filed in District Court or Magistrate Office for cases under the Mental health act to stay proceedings of "reception order" by Magistrate (u/s 22).
There is no provision for anticipatory bail under this act especially for reception under section 22 of the act. The relief can be obtained under subsection 4 of the section 22 of the act which reads thus:
(4) If the Magistrate is satisfied that a reception order may properly be made forthwith, he may make such order, and if the Magistrate is not so satisfied, he shall fix a date for further consideration of the application and may make such inquiries concerning the alleged mentally ill person as he thinks fit.
Further relief can be had a per the guidelines in sub section 7 given below:
(7) On the date fixed under sub-section (4), or on such further date as may be fixed by the Magistrate, he shall proceed to consider the application in camera, in the presence of—
(i) the applicant;
(ii) the alleged mentally ill person (unless the Magistrate in his discretion otherwise directs);
(iii) the person who may be appointed by the alleged mentally ill person to represent him; and
(iv) such other person as the Magistrate thinks fit, and if the Magistrate is satisfied that the alleged mentally ill person, in relation to whom the application is made, is so mentally ill that in the interests of the health and personal safety of that person or for the protection of others it is necessary to detain him in a psychiatric hospital or psychiatric nursing home for treatment, he may pass a reception order for that purpose and if he is not so satisfied, he shall dismiss the application and any such order may provide for the payment of the costs of the inquiry by the applicant personally or from out of the estate of the mentally ill person, as the Magistrate may deem appropriate.
(8) If any application is dismissed under sub-section (7), the Magistrate shall record the reasons for such dismissal and a copy of the order shall be furnished to the applicant.