Kishor Haldar v. State Of West Bengal And ORS.

28.01.2025 W.P.A. 858 of 2025 Item No.53 Ct. No.35 dc.

Kishor Haldar versus The State of West Bengal & Ors.

Mr. Anirban Mitra, Mr. Santanu Chatterjee, Ms. Madhumita Sadhukhan ... For the Petitioner.

Mr. Pantu Deb Roy, AGP, Mr. Pannalal Bandopadhyay ... For the State.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioner.

The petitioner is aggrieved by the fact that in spite of cognizable offences being made out and Baguiati Police Station Case No. 741/2024 dated 15.12.2024 being registered for investigation under Sections 126(2)/115(2)/117(2)/109/308(2)/351(2)/ 3(5) of BNS and 25(1)(a) of Arms Act, the police authorities are reluctant to conduct a full-fledged investigation. The accused persons, according to the petitioner, are influential and as such, they are threatening the petitioner when the investigation of a cognizable case is still pending. The petitioner applied for police protection/security, but the same has not been responded by the concerned officers of Baguiati Police Station.

State has submitted a report which reflects that three persons have been arrested in course of investigation. Steps are being taken by the police authorities to unearth the truth in respect of the accusations made in the writ petition.

The police authorities are directed to take effective steps not only for unearthing the truth in respect of the accusations, but ensure that they would leave no stone unturned for implicating the culprits who have engineered the offences.

So far as the security of the petitioner is concerned, the petitioner would apply to the Deputy Commissioner of Police in-charge of the said police station.

The concerned officer would assess regarding the threat perception at the behest of the accused persons upon the present petitioner and thereafter would on such representation act in accordance with law.

The police authorities would keep a surveillance to ensure that no further untoward incident results because of the present criminal case pending where the petitioner happens to be a victim.

With the aforesaid observations, the writ petition being WPA 858 of 2025 is disposed of. There will be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)