Laxmi Das Chakraborty v. State Of West Bengal And ORS.

12.8.2022 Sl.No.111 sn W.P.A. No.14187 of 2022 Laxmi Das Chakraborty

Versus

The State of West Bengal & Ors.

Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee Mr. Soumik Dey ...for the petitioner Mr. Kamalendu Ghose Mr. Raja Ghosh ..for the State Despite service, none appears on behalf of the respondent no.7. Let the affidavit of service be taken on record.

It appears that on the complaint of the petitioner, Nabadwip Police Station Case No. 116 of dated March 24, under Sections 376/417/380 of the Indian Penal Code has been registered. The investigation is continuing. During the pendency of the investigation, it is alleged that the petitioner has received threat calls and WhatsApp messages from the accused. Such fact was also intimated to the Cyber Crime Police Station, Krishnanagar Police District on May 12, 2022 and a general diary was registered. The petitioner submits that the accused is roaming around freely. She apprehends that her minor son may be injured. She also feels unsafe due to the threats via WhatsApp messages.

It is the specific contention of the petitioner, that the police authorities have not taken any steps to stop such threats by blocking the WhatsApp messages. The learned advocate for the State respondents has submitted two reports. It appears that the Inspector-in-Charge, Cyber Crime Police Station, Krishnanagar Police District, collected SDR and CDR of the mentioned phone numbers. It was found that the subscriber of the both the numbers was Parikshit Ghosh, son of Nitai Ghosh of Harinagar. A prosecution was submitted against the alleged person under Section 500 of the Indian Penal Code upon taking necessary orders from the learned Jurisdictional Magistrate.

The petitioner is entitled to protection in view of the pending investigation especially because of the messages which have been sent by Pariksht Ghosh. The pending investigation shall be continued in a free, fair and proper manner and concluded expeditiously. It also appears that a warrant of arrest had already been issued against Parikshit Ghosh, who resides within the jurisdiction of Ranaghat Police Station.

The Superintendent of Police, Krishnanagar Police District, will monitor the investigation and ensure the protection of the petitioner and her minor son.

The writ petition is disposed of.

There will be no order as to costs.

All parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)