IMPORTANT POINT
The court established that individuals deemed mentally unfit cannot be tried, emphasizing the need for appropriate medical evaluation and treatment before any legal proceedings.

JUDGMENT :

Ajay Kumar Gupta, J:

1. This instant Criminal Revisional application has been filed by the petitioner through his representative under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 challenging the propriety, legality and correctness of an order dated 26.11.2021 passed by the learned Additional Sessions Judge, 1st Court, Bongaon, North 24 Parganas in connection with S.T. No. 2 (7) 2015, New S.T. No. 503/2015 [corresponding to S.C. No. 20 (3) 2014] arising out of Bongaon Police Station Case No. 855/2013 dated 26.11.2013 under Sections 498A/406/302/120B/34 of the Indian Penal Code, 1860 and Sections 3/4 of the Dowry Prohibition Act, 1961 (corresponding to G.R. Case No. 2737/2013), thereby fixing a date on 05.01.2022 for evidence and appearance of all the four accused persons (including the petitioner herein) and directed the surety/guardian/parents of the petitioner to procure his attendance in person before the learned Court on 05.01.2022.

2. It is relevant to mention here that Mr. Malay Chandan Dutta being the father and legal representative of the accused/petitioner Mrinmoy Chandan Dutta @ Tubai contended that the petitioner herein suffering from Schizophrenia and he is undergoing medical treatment for the same. An application under Sections 328/329 of the Code of Criminal Procedure, 1973 dated 15.07.2015 was preferred on behalf of the petitioner before the learned Judge wherein it was averred that the petitioner was suffering from mental instability/lunacy/Schizophrenia since 2006 and he was undergoing treatment for the same. In the said application, a prayer was made on behalf of the petitioner that the proceedings against him be deferred as he was incapable of putting forth his defence on account of his mental disorder. By an order dated 29.07.2015, the learned Judge was pleased to reject the application dated 15.07.2015 on the ground that the petitioner had not taken plea of mental illness in his bail application (being C.R.M. No. 6267 of 2014) before the Hon’ble High Court and that he had not produced any document indicating his mental illness or the treatment he was undergoing.

3. It is the case of the petitioner that the petitioner preferred a criminal revisional application being CRR 3132 of 2015 before this Hon’ble Court, thereby challenging the order dated 29.07.2015 passed by the learned Judge and prayed for liberty to produce all the medical documents before the learned trial Court. By an order dated 18.11.2015 passed in CRR 3132 of 2015, the Co-ordinate Bench of this Hon’ble Court was pleased to grant liberty to the petitioner to place all the documents regarding his medical treatment before the learned Trial Court within a period of four weeks from the date of order passed in CRR 3132 of 2015. However, vide an order dated 16.01.2016, the learned Judge was once again pleased to reject the plea of mental illness of the petitioner since he had failed to produce any document to corroborate the same and, thus, failed to comply with the order dated 18.11.2015 passed by this Hon’ble Court in CRR 3132 of 2015. Accordingly, the petitioner preferred another revisional application being CRR No. 390 of 2016 before this Hon’ble Court, thereby challenging the order dated 16.01.2016 passed by the Learned Judge. By an order dated 11.02.2016 passed in CRR No. 390 of 2016, a Co-ordinate Bench of this Hon’ble Court was pleased to set aside the impugned order dated 16.01.2016 and was further pleased to direct the learned Judge to consider the medical documents filed by the petitioner and dispose of the application dated 15.07.2015 within a period of 2 weeks.

4. On 01.03.2016, the petitioner submitted his medical documents before the learned Judge. Thereafter, on 09.03.2016, the learned Judge was pleased to direct the Chief Medical Officer of Health, North 24 Parganas, Barasat to examine the petitioner and submit a report. In view of the said direction, the Chief Medical Officer of Health, North 24 P