HARADHAN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By the instant application under Sec. 401 read with Sec. 482 of the Code of Criminal Procedure, the petitioner has assailed the order dtd. 11/2/2019 passed by the Additional Sessions Judge, Dinhata in Sessions Case No. 39 of 2017 whereby the proceeding/trial as regards one of the accused namely, Manoranjan Das has been "kept in abeyance" till his recovery while the trial in respect of co-accused Haradhan Das-petitioner herein has been ordered to be proceeded with.

(2.) The backdrop of the case in brief is that on 21/12/2016, a written complaint was lodged by the opposite party no.2/defacto complainant alleging offences under Ss. 302/ 201/ 34 I.P.C against two accused persons namely, Manoranjan Das and the petitioner herein, Haradhan Das, in respect of the unnatural death of his elder brother-in-law, Swapan Das, whose dead body was recovered with marks of injuries. On the basis of the aforesaid written complaint, a proceeding being Dinhata P.S. Case No.1177 of 2016 was initiated which culminated in the submission of the charge sheet under Sec. 302/201 IPC against accused Manoranjan Das and under Sec. 201 IPC against the petitioner herein. It appears that after the commitment of the case, on the date of consideration of charge, an application under Sec. 329 CrPC was filed by the accused Monoranjan Das before the Additional Sessions Judge, Dinhata for postponing further proceedings of the case on the ground that the said accused was suffering from mental disorder. On the basis of such prayer which was supported by some medical papers, the trial court referred the aforesaid accused for medical examination by a psychiatrist and the Chief Medical Officer of Health, Coochbehar was directed to make necessary arrangement for the aforesaid purpose.

(3.) In compliance with the order of the trial court, the accused Manoranjan Das was medically examined and a report was submitted by the CMOH, Coochbehar, stating that the aforesaid accused is presently not fit to stand trial with the observation that the mental status of the aforesaid accused should be reviewed after three months by a medical team to be constituted by the order of the trial court. Accordingly, the trial court by order dtd. 16/5/2018 again directed the CMOH, Coochbehar to arrange for further medical examination of the accused Manoranjan Das and submit a report on or before 24/8/2018. It further appears from the order dtd. 24/9/2018 that a report was received from CMOH, Coochbehar stating that the aforesaid accused is still unfit to stand trial. The order dtd. 17/12/2018 passed by the trial court reveals that a medical board was constituted in compliance with the court's order for assessing the mental condition of the accused Manoranjan Das. Finally, by order dtd. 11/2/2019, the trial court, on the basis of the report submitted by North Bengal Medical College and Hospital, Siliguri, found that the accused Manoranjan Das was presently unfit to stand trial and was advised institutional admission in a State Mental Hospital for "further evaluation and treatment". The aforesaid impugned order further reveals that from the medical report it appeared that this accused was suffering from "partial schizophrenia". On the basis of such medical report and an application filed on behalf of the accused Manoranjan Das, the trial court passed the impugned order, the relevant portion of which is quoted hereinbelow: