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Mrinmoy Chandan Dutta & Ors vs State Of West Bengal & … on 15 February, 2018

IN THE HIGH COURT AT CALCUTTA
Criminal Revisional Jurisdiction
Appellate Side
Present:

The Hon’ble Justice Debi Prosad Dey

CRR No. 3531 of 2016
With
CRAN 1018 of 2017

Mrinmoy Chandan Dutta Ors. …Petitioners

Versus
State of West Bengal Ors…opposite parties

For the Petitioners : Mr. Tapash Kumar Ghosh
Mr. Soubhik Mitra
Mr. Tanmoy Chowdhury
Mr. Liton MaitraMr.

For the State Mr. Saswata Gopal Mukhopadhyay
Mr. Ayan Basu

Heard on : 09.02.2018

Judgment on : 15.02.2018

Debi Prosad Dey, J. :-

1.

Challenge in this revisional application is the Order No. 41 dated

28th September 2016 passed by the learned Additional Sessions

Judge, 1st Court, Bongon, District North 24 Paraganas, in ST 2(7)

of 2015 (S.C. No. 20 (3) of 2014) arising out of Bongon Police

Station Case No. 855 of 2013 dated 26.11.2013 under Sections

498A/406/302 of the Indian penal Code pending before the

learned Additional Sessions Judge, 1st Court, Bongon, District

North 24 Paraganas.

2. Learned Advocate appearing on behalf of the petitioners contended

that the learned Judge did not dispose of the application under

Section 329 of the Code of Criminal Procedure and order impugned

has been suffering from serious infirmities and accordingly

required to be set aside. It is further submitted that no final

opinion has yet been obtained about the mental health of accused

Mrinmoy Chandan Dutta.

3. Learned Advocate Mr. Ayan Bose appearing on behalf of the State

contended that the petitioners have been impleaded under Sections

498A/406/302 of the Indian Penal Code and the petitioners are

deferring the hearing of the case on some pretext or other. Learned

Advocate Mr. Bose further contended that in fact the instant

revisional application has become infructuous since the learned

trial Court has passed such order in terms of the order passed by

this Court in CRR 1387 of 2017. Server copy of the said order has

been handed over to this Court, wherefrom I find that a co-ordinate

Bench of this Court has directed the learned trial Court to

conclude the enquiry with regard to mental state of the petitioner

no.1 at an early date. The subsequent order of learned trial Court

dated 18th April 2017 was challenged before this Court and a co-

ordinate Bench of this Court has disposed of CRR No. 1387 of 2017

directing the trial Court to complete the exercise as expeditiously
as possible. In terms of the said direction the learned trial Court

has directed the concerned authorities to examine the petitioner:

4. On scrutiny of the order dated 28th September 2016 being Order

No. 41, I find that one Doctor of the Department of Psychiatry,

Calcutta National Medical College and Hospital had virtually

submitted report without observation of the patient for the

stipulated period. The order of learned trial Judge further reveals

that the patient was released from Pavlov hospital for undergoing

heart surgery.

5. Mr. Ghosh, learned Advocate appearing on behalf of the petitioners

contended that the petitioner no.1 has been suffering from

psychiatric problem since 2005. It transpires from the record that

the petitioner no.1 got married in the year 2013 and he has

fathered a child. The allegation against the petitioners is that all

the petitioners throttled the victim and thereby killed the victim. At

this belated stage the plea of insanity has been taken only with the

view to defer the hearing of the case and the petitioners have been

able to defer the hearing of the case for a considerable period of

time.

6. Learned Advocate Mr. Bose drawing the attention of this Court to

the case diary contended that there is sufficient materials against
the petitioners in order to rope them in a case under Section 302 of

the Indian Penal Code.

7. The entire exercise has been under taken by the learned trial Court

in order to come to a definite finding about the mental health of the

petitioner Mrinmoy Chandan Dutta and therefore no order is

required with regard to the application under Section 329 of the

Code of Criminal Procedure in terms of the prayer of learned

Advocate for the petitioners. Moreover, further prayer of the

petitioner to transfer the case from the Court concerned appears to

be made out of frustration in order to avoid the trial of the case. I

find no reason to transfer the instant case from the trial Court.

Accordingly such prayer is also refused.

8. It is apparent from the submission of the learned Advocate for the

petitioners that the case has already been fixed for examination of

witnesses. The learned trial Court has thus definitely been

satisfied about the mental condition of the petitioner, Mrinmoy

Chandan Dutta fixed the date for examination of the witnesses. In

view of the disposal of CRR 1387 of 2017 the instant revisional

application becomes infructuous. I do not find any illegality in the

order No. 41 of 2016 dated 28.09.2016. The instant Criminal

Revisional Application being devoid of merit, stands dismissed. The

stay order if there be any stands vacated.

9. The trial Court is directed to complete the trial of the sessions case

as expeditiously as possible. Let a copy of this order be forwarded

to the learned Additional Sessions Judge, 1st Court, Bongon

forthwith for information and necessary action.

10. Urgent  photostat  certified  copy  of  this  order,  if  applied  for,  be

given to the parties as expeditiously as possible.

(Debi Prosad Dey, J.)

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