Prabir Jana v. State Of West Bengal And ORS.

21.01.2025 W.P.A. 1454 of 2025 Item No.59 Ct. No.35 Naba Prabir Jana versus The State of West Bengal & Ors.

Mr. Sauradeep Dutta, Mr. Himadree Ghosh ... For the Petitioner.

Ms. Jhuma Chakraborty, Sr. Adv., Mr. S. Adak ... For the State.

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

Report submitted by the State today be also kept with the record.

The petitioner is aggrieved both by the progress of the investigation as well as the petitioner being threatened and no steps being taken by the police authorities in connection with Tarakeswar P.S. Case No. 386 of 2024 dated 05.11.2024.

The State has submitted a report in respect of the statements recorded under Sections 180 and 183 of the BNSS as also regarding the documents which have been collected in course of the investigation. Learned advocate for the State submits only for chemical analysis report, the Investigating Officer is awaiting to submit the report under Section 193 of the BNSS.

In view of the deceased having committed suicide by way of hanging, the investigating agency will consider as to whether delaying submission of the report under Section 193 BNSS is required for receiving the viscera report or the chemical analysis report.

The same may be filed by way of a supplementary charge-sheet, if so required.

So far as the other aspect regarding the representation of the petitioner addressed to the Officer-in-Charge, Tarakeswar Police Station dated 10.01.2025 is concerned, I find that police authorities have recorded GD entry and drawn up proceeding under Section 126/135(3) of BNSS.

Having regard to the provisions of Witness Protection Scheme, 2018, I direct that since the petitioner is a vital witness in the case, the jurisdictional magistrate still in seisin of the case would on an application of the petitioner call for a threat perception report and accordingly implement the provisions of Witness Protection Scheme, 2018. With the aforesaid observation, the writ petition being WPA 1454 of 2025 is disposed of.

Pending connected application, if any, is consequently 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.)