Manoj Kurmi And Another v. State Of West Bengal And ORS.

W.P.A. 1178 of 2023 Manoj Kurmi & Anr.

VS State of West Bengal & Ors.

Mr. Anindya Lahiri, Ms. Sofia Nesar.

... for the Petitioners.

Mr. Sourajit Dasgupta.

... for the respondent no.8.

Mr. Avik Ghatak, Mr. Soumya Nag, Mr. Abhinav Rakshit.

...for the respondent no.9.

Mr. Santanu Kr. Mirra, Sr. Govt. Adv.

Mr. Subhabrata Das.

... for the State.

Petitioners are aggrieved by the fact that they are 06.03.2025 Court No. 35 Item No.7 Rakib unable to conduct their cases in the Court because of the resistance being faced before entering the Court premises. A report has been submitted by the State which reflects that 19 cases have been instituted at the behest of the petitioner and his wife while 13 cases have been registered against the petitioner and his wife. However, all the cases which have been referred to are of the year 2020, 2021 and 2022.

Having considered that more than 21⁄2 years have passed and in all the cases presumably charge-sheet have been submitted, the petitioners are expected either to participate in the trial which has been initiated at their behest or they have to face trial which has been set into motion against them. Such being the scenario, I direct that if an application under the Witness Protection

Scheme, 2018 is filed by the petitioners before the learned Jurisdictional Magistrate/trial Court in siesin of the cases, the concerned Court will call for a Threat Perception Report and thereafter pass necessary directions so that the petitioners are not faced with inconveniences in course of the criminal trial. With the aforesaid observations WPA 1178 of 2023 is disposed of.

Report submitted by the State be kept with the record.

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.)