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Calcutta High CourtWPA/11790/2026disposed

Xxxx v. State Of West Bengal And ORS.

2026-06-29Hon'Ble Justice Saugata Bhattacharyya3 pages

29.06.2026 Ct. No. 05 adeb WPA 11790 of 2026 XXXXX Vs.

The State of West Bengal & Ors.

Mr. Dipayan Kundu Mr. Avinaba Patra ...for the petitioner Ms. Deblina Lahiri Mr. Rhitam Chatterjee Mr. Mrinmoy Chatterjee ...for the State

1. Affidavit of service filed on behalf of petitioner is taken on record.

2. By presentation this writ petition, inter alia, petitioner has prayed for recovery of gold ornaments and money which was alleged to have been extorted from the petitioner by accused person. It is also submitted that based on the complaint lodged by the petitioner a criminal prosecution being Deganga Police Station Case No. 133 of 2026 dated 8th March, 2026 was initiated under Sections 64(1)/ 69/318(4)/316(2)/351(2)/3(5) of BNS, 2023.

3. Petitioner prays for direction upon the concerned police authorities for her protection and items to be recovered from accused person.

4. Learned advocate representing State respondents has filed a communication dated 28th June, 2026 of Officer-in-Charge, Deganga Police Station and same is taken on record.

Copy of the said communication dated 28th June, 2026 is made over to the learned advocate representing petitioner.

5. It is disclosed in the communication dated 28th June, 2026 that petitioner developed amorous relationship with the accused person and subjected to sexual offence giving rise to criminal prosecution being Deganga Police Station Case No. 133 of 2026 dated 8th March, 2026.

It is further disclosed in the communication that statement of the petitioner was recorded under Section 183 BNSS and charge sheet was filed being charge sheet no. 311/26 dated 22nd June, 2026.

6. Accused person was arrested but subsequently he was released on bail.

7. It is alleged that accused is threatening the petitioner after being enlarged on bail but it is disclosed in the writ petition that petitioner has filed an application seeking cancellation of bail of the accused being CRM(R) 956 of 2026 and same is pending for adjudication before a coordinate bench.

8. Taking note of the fact that charge sheet has already been filed and application for cancellation of bail is pending before the coordinate bench, Court directs the concerned police authorities to provide protection to the petitioner, if occasion so arises, subject to

decision to be taken by the coordinate bench on cancellation of bail application.

9. Writ petition stands disposed of.

10. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)