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Calcutta High CourtWPA/12203/2025disposed

Punam Biswas Ghosh v. The State Of West Bengal And ORS.

2025-06-05Hon'Ble Justice Raja Basu Chowdhury2 pages

05.06.2025 Item No AD 4 Saswata WPA 12203 of 2025 Punam Biswas Ghosh versus The State of West Bengal & Ors.

Mr. Arnab Neogi Mr. Amitava Karmakar Mr. Sourav Samanta ...For the petitioner Mr. Md. Mansoor Alam Mr. Raj Sekhar Basu ...For the State 1.

Affidavit of service filed in Court today is retained with the record.

2.

From the affidavit of service filed it would transpire that although, an attempt was made to serve the respondent no. 7 since the door was found locked, an intimation was served. Such fact would corroborate from the track report filed in Court today. However, since the police authorities are the primary respondents, this matter is taken up for consideration in absence of the respondent no. 7.

3.

The instant writ petition has been filed, inter alia, praying for a direction upon the respondent authorities, in particular the police authorities to investigate into the complaint lodged by the petitioner on 28th May 2025. 4.

The petitioner's case proceeds on the premise that an FIR under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 was lodged against the accused on 24th May 2025. According to the petitioner, although the accused was arrested, the father of the accused has been threatening the petitioner. This compelled the petitioner to lodge the complaint dated 28th May 2025 5.

Mr. Alam, learned advocate appearing for the State would submit that on the basis of the complaint lodged by the petitioner on 28th May 2025, a specific case has been initiated and investigation is going on.

6.

Having heard the learned advocates appearing for the respective parties and noting that the accused is already in custody and proceeding has been initiated by the police authorities on the basis of the complaint lodged by the petitioner, as would corroborate from the report filed on behalf of the police authorities in Court today which is taken on record, I am of the view that no fruitful purpose will be served by keeping the writ petition pending. 7.

In view thereof, this writ petition is disposed of by directing the police authorities to ensure adequate protection to the petitioner especially from the respondent no. 7.

8.

With the above direction and observation, the writ petition is disposed of.

9.

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

(Raja Basu Chowdhury, J.)