← Library
Calcutta High CourtWPA/662/2025disposed

Xxx v. The State Of West Bengal And ORS.

2025-02-28Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 21 28.02.2025 Bpg.

ct.no.35 W.P.A.662 of 2025 XXX

Versus

The State of West Bengal & Ors.

Mr. Subarna Bank.

...for the petitioner.

Mr. Vimal Kumar Shahi Mrs. Pratiti Das.

...for the State-respondents.

Pursuant to the earlier direction dated 20th January, 2025, State has submitted a report. Report reflects that an arrest was effected in respect of the present case being Raghunathganj P.S. Case No.777 of 2024. Medical examination was conducted and supplementary charge-sheet was submitted under Sections 376/417 of the Indian Penal Code.

Having considered the steps taken by the police authorities, the primary grievance of the petitioner in respect of the investigation has been addressed.

State has submitted that the petitioner did not approach the police authorities for protection. Since charge-sheet and supplementary charge-sheet have already been submitted, if the petitioner is apprehensive regarding any insecurity because of the criminal case pending, petitioner would be at liberty

to take out an appropriate application before the learned trial court or the jurisdictional court in seisin of the case. The court concerned will call for a threat perception report and in case the learned Magistrate, trial court or any jurisdictional court in seisin of the present case is of the opinion that the provisions of the Witness Protection Scheme, 2018 is to be extended to the petitioner, necessary directions be passed upon the police authorities.

With the aforesaid observations, WPA 662 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)