Miton Sekh v. State Of West Bengal & ORS

07.03.2022 Ct. No. 13 Sl.24 pk W.P.A No. 2488 of 2020 (Through Video Conference) Miton Sekh Vs.

State of West Bengal and others Mr. Samim Ahammed, Mr. Arka Maiti, .... For the petitioner Mr. Subhabrata Datta, Mr. Debasish Sarkar ... for the State.

Mr. Kaustav Bagchi, Mr. Debayan Ghosh ... for the respondent no. 8.

The writ petitioner claims to be a poor villager who has been deprived of the benefits of the MGNREGA Scheme. On the contrary, it is submitted that certain foreigners have been allowed the benefit on the recommendation of one Samsul Arefin, Upa Pradhan of Gurah Pashla Gram Panchayat. FIR was registered, being Nabagram Police Station Case No. 401 of 2019 against such Upa Prodhan and another person, Safiqul Islam. The said FIR has resulted in a charge sheet being Nabagram P.S.C.S. No. 13 of 2021 dated 18.01.2021 under Sections 468/406/408/420/34 of the Indian Penal Code.

The petitioner is aggrieved that provisions of the Foreigners Act on prevention of corruption have not been included in the aforesaid charge sheet.

A copy of the charge sheet shall be furnished to the petitioner by the Court of the ACJM, Lalbagh, Murshidabad.

The petitioner shall be entitled to take appropriate steps under Sections 173 of the Cr. P.C. against the said charge sheet in accordance with law. The petitioner apprehends threat to his life for having unearthed the aforesaid scam.

The Officer-in-Charge, Nabagram Police Station shall, on an application made by the petitioner and after assessing threat perception, provide necessary security to him.

With the aforesaid observation, the writ petition is disposed of.

Report filed by the Sub-Divisional Officer, Lalbagh, Murshidabad is taken on record.

Report of the O.C., Nabagram Police Station, Murshidabad P.D. dated 24.02.2022 is also taken on record.

There shall be no order as to costs.

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

(Rajasekhar Mantha, J.)