Jyotsna Das v. State Of West Bengal And ORS.

30.06.2025 WPA 12909 of 2025 Sl.No.

Court No. 35 Jyotsna Das -VsThe State of West Bengal & Ors.

G.S.Das Mr. A. Sinha Ms. M. Das ... for the Petitioner(s) Mr. Ashim Kr. Ganguly, ld. AGP Mr. Tarak Karan ... for the State-respondent(s) Ms. Gargi Dhang Mr. Abhisek Ghosh ... for the respondent Re The petitioner complains that she made representation to different police authorities including the office of the Joint Commissioner of Police, Crime. However, no steps were taken by the police authorities, as such, the petitioner has been compelled to approach this Court.

State has submitted a report which reflects that the police authorities have conducted a thorough enquiry and did not find any substance in respect of the accusations.

Be that as it may, the petitioner in her representation specifically contended that she has undergone a treatment of serious injury at the Emergency Department of Medical College and Hospital. However, the police authorities have not been able to lay their hands on any document. A specific question was confronted to the learned advocate for the petitioner, who also could not produce any document.

Be that as it may, since the sole testimony of the prosecutrix can be taken into consideration, I grant liberty to the petitioner to approach the jurisdictional Magistrate under the relevant provisions of Section 175 of the BNSS. The learned Magistrate would assess and ascertain regarding the factual circumstances, and thereafter, if required pass necessary directions as it deems fit and proper.

With the aforesaid observations,

WPA 12909 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.)