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Calcutta High CourtWPA/2688/2025disposed

Anuradha Raman v. The State Of West Bengal And ORS.

2025-02-19Hon'Ble Justice Tirthankar Ghosh5 pages

19.02.2025 WPA 2688 of 2025 Sl.No.

Court No. 35 Smt. Anuradha Raman -VsThe State of West Bengal & Ors.

G.S.Das Mr. Mukteswar Maity Mr. Rafikul Islam Ms. Manika Sarkar ... for the petitioner(s) Mr. Swapan Banerjee Mr. Soumen Chatterjee ... for the State-respondent(s) Mr. Saswata Gopal Mukherjee Ms. Paulomi Dutta ... for the private respondent(s) The petitioner has approached this Court being dissatisfied with the progress of investigation arising out of Rabindra Sarobar P.S. Case No. 02 of 2025 dated 05.01.2025. The petitioner has prayed for proper and fair investigation without any delay for submission of charge-sheet against the private respondent(s).

The petitioner also submits that although there has been a direction for residential accommodation passed in connection with C - 156 of 2025 by the

learned JM, 10th Court, Alipore, the petitioner is not allowed to enter her residence.

The petitioner further claims that she has been threatened at the behest of the private respondent(s) for which she seeks protection of this Court.

So far as the time limit for submission of charge-sheet is concerned, the same is satisfied under the Code of Criminal Procedure.

If the petitioner suspects that there have been any partiality in the investigation, the petitioner would be at liberty to approach the learned jurisdictional Magistrate already in seisin of the case with specific prayer(s) in respect of the biasness and/or partiality. So far as the order passed by the learned Magistrate is concerned under the provisions of PWDV Act, it would be for the learned Magistrate to execute its own order by passing specific directions(s).

So far as the insecurity of the petitioner is concerned as she is being threatened, she has remedies under the Witness Protection Scheme, 2018. The petitioner being a witness in the criminal case would apply before the learned Magistrate in seisin of the Rabindra Sarobar P.S. Case No. 02 of 2025. The learned Magistrate will call for a threat perception report from the concerned police station, thereafter, pass necessary direction(s) under the Witness Protection Scheme, 2018.

State has submitted a report which reflects that the investigation of the case is under progress and the same may be taken to its logical conclusion within a reasonable period of time.

Mr.

Mukherjee, learned Senior Advocate, appears for the private respondent(s) and submits that none of the prayers advanced in the writ petition do qualify for any interference by this

Court.

Be that as it may, the petitioner would be at liberty to take steps in accordance with the observations made above.

With the aforesaid observations, WPA 2688 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)