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Calcutta High CourtWPA/13929/2025disposed

Totan Biswas v. The State Of West Bengal And ORS.

2025-07-16Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 55 16.07.2025 Bpg.

ct.no.35 W.P.A.13929 of 2025 Toton Biswas

Versus

The State of West Bengal & Ors.

Mr. Moyukh Mukherjee Ms. Sinthia Bala Mr. Samrat Mondal.

...for the petitioner.

Mr. Swapan Banerjee Mr. Diptendu Narayan Banerjee.

...for the State-respondents.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner has directly approached this Court praying for security. However, no representation was made to the appropriate police authorities.

State has submitted a report. Report reflects that the petitioner do not stay within the jurisdiction of Chinsurah Police Station. However, the police authorities have expressed their mind that during the evidence of under trial prisoner on sensitive cases if situation so demands, necessary police assistance will be rendered. If the petitioner is still apprehensive and has a threat perception he would submit a representation before the Superintendent of Police of the district.

The Superintendent of Police would consider the representation and dispose of the same in accordance with law within a period of 30 days from the date of filing of such application and communicate the outcome to the petitioner.

Needless to state that this Court has not assessed the threat perception nor has gone into the merits of the insecurity faced by the petitioner. Accordingly, the Superintendent of Police will independently assess the aforesaid two issues without being influenced by any observations made by this Court.

With the aforesaid observations, WPA 13929 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)