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 coordinate 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:;