Sakabat Sekh v. The State Of West Bengal And ORS.

D/L 72 12.02.2025 Kausik ct.no.35 W.P.A. 2409 of 2025 Sakabat Sekh

Versus

The State of West Bengal & Ors.

Ms. Karabi Roy ...for the petitioner.

Ms. Puja Goswami ...for the respondent nos. 6, 7 & 8.

Ms. Sabnam De Bardhan Ms. Rupsha Chakraborty ...for the state.

Petitioner is aggrieved by the inaction of the police authorities in connection with Santipur PS Case No. 1638/2024 dated 29.12.2024. Additionally it has been brought to the notice of this court that in spite of informing the police authorities regarding the threats addressed to him, the police authorities did not provide adequate protection and also taken steps for binding the accused persons so that they do not tamper with the evidence of the case.

State has submitted a report. I find from the report that the police authorities have taken appropriate steps by recording the statement of the witnesses, collected the post mortem report, sent the

necessary samples collected to the forensic laboratory.

Learned advocate for the private respondent nos. 6 to 8 submits that one of the accused persons being a juvenile appeared before the Juvenile Justice Board and was enlarged on bail. So far as other accused persons are concerned they have applied for anticipatory bail before the jurisdictional court. Having considered that the State has for the time being proceeded in a proper manner so far as investigation is concerned and the respondents are all before the court of law at this stage, I do not find any scope for interference except to the extent that the petitioner's representation dated 22.01.2025 addressed to the Superintendent of Police wherein he has alleged that the accused persons have threatened him for initiation of the present case.

To that extent, petitioner is granted liberty to approach the jurisdictional court in seisin of the matter by way of making an appropriate application under the Witness Protection Scheme, 2018.

Learned Magistrate will call for a report from the concerned police station regarding the threat perception of the present petitioner and thereafter pass necessary directions as he deems fit and proper, So that the petitioner being a witness in the case do

not feel insecure during the pendency of the present case relating to Santipur PS case No. 1638 of 2024 dated 29.12.2024. If such an application is filed, learned Magistrate would take steps so that within a period of 10 days the same is disposed of.

With the aforesaid observations WPA 2409 of 2025 is disposed of.

Report so submitted be kept with the record.

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

(Tirthankar Ghosh, J.)