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Calcutta High CourtWPA/4023/2025disposed

Rama Ghosh v. The State Of West Bengal And ORS.

2025-03-05Hon'Ble Justice Tirthankar Ghosh3 pages

W.P.A. 4023 of 2025 Rama Ghosh.

VS The State of West Bengal & Ors.

Mr. M. Rahaman, Mr. Goutam Malik, Ms. Kumari Shipra Roy, Mr. Sankar Paul.

... for the Petitioner.

Mr. Ayan Bhattacharjee, Sr. Adv.

Mr. Zohaib Rauf, Mr. Shounak Mondal, Mrs. Kuheli Hajra.

...for the Respondent no.4.

Mr. Subhajit Chowdhury.

... for the State.

Affidavit of service filed by the petitioners be kept 05.03.2025 Court No. 35 Item No.16 Rakib with the record.

Petitioner is aggrieved by the fact that inspite of Usthi Police Station case no. 46/25 dated 25.01.2025 having been registered for investigation under the relevant provisions of BNS, no steps have been taken by the police authorities and there have been threats at the behest of the private respondent no.4. It has been contended also that there are other accused persons in the FIR who are interfering with the liberty of the petitioner and her family members.

Mr.

Bhattacharjee, learned senior advocate appears on behalf of the private respondent no.4. Learned advocate submits certified copy of the orders passed by the learned ACJM, Diamond Harbour in connection with Usthi PS Case no. 46/25 which reflects that by an order

dated 26.01.2025 the learned ACJM was pleased to grant bail.

As none appears on behalf of the State, Mr.

Subhajit Chowdhury, learned advocate empanelled with the Office of the Government Pleader has been engaged by this Court. His appearance may be regularized by the concerned authorities.

In view of the anxiety expressed by the petitioner, particularly with regard to the threats which are being faced by the petitioner and her family members, I direct that even if an appropriate application is filed before the learned ACJM, Diamond Harbour praying for necessary protection, learned Magistrate would call for a Threat Perception Report from the concerned police authorities and thereafter pass necessary orders under the Witness Protection Schemes, 2018.

In the meantime police authorities would also keep a strict vigil and ensure that there is no untoward incidents further recurring because of the inimical relationship presently existing between the parties. Police authorities are further directed to put in efforts for effective investigation and take the investigation of the case to its logical conclusion.

If there is any proceeding pending before the learned Civil Court, the police authorities without the directions of the learned Civil Court will not interfere with

any right, title, interest, possession and usage of any property concerned.

With the aforesaid observations WPA 4023 of 2025 is disposed of.

Certified copy submitted by the learned advocate for the private respondent no.4 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.)