Benjhir Khatun Biswas v. The State Of West Bengal And ORS.

D/L 64 16.07.2025 ct.no.35 Kausik W.P.A. 14031 of 2025 Benjhir Khatun Biswas

Versus

The State of West Bengal & Ors.

Ms. Sananda Bhattacharyya Mr. Asraf Sk.

...for the petitioner.

Ms. Reshmi Khatun ...for the private respondent no. 6.

Mr. Suman Ghosh Mr. Siddhartha Ghosh ...for the State.

Petitioner has approached this Court being aggrieved by the investigation being carried out by the police authorities.

I find from the records of the case that Chapra PS Case No. 670/25 was registered for investigation on 03.06.2025. The police authorities have recorded statements of the witnesses.

Subsequently, statements under section 183 of the BNSS have been recorded.

The medico/legal examination of the victim is over as is reflected from the case diary.

The police authorities are proceeding with the investigation of the case. So far as the nature of the offences are concerned since the time limit is 90

days for submission of the report under section 193 of the BNSS, petitioner would canvass the grievance after the said period of 90 days. In the meantime, so far as the insecurity which has been addressed by the petitioner, I direct the learned jurisdictional Court in seisin of Chapra PS Case No. 670/25 to assess and ascertain regarding the complaint of the petitioner so far as her protection is concerned as she happens to be the vital witness of the case. The learned Court will call for a report under the relevant provisions of the Witness Protection Scheme, 2018 and thereafter pass necessary directions upon the police authorities. A notice be issued to the informant who happens to be the victim of the case within a period of 7 days from the date of communication of this order.

Learned advocate for the private respondent submits that since no affidavits have been called for, the accusations made in the writ petition and/or continuance of the investigation are deemed to be denied and are not to be admitted as the same relate to question of facts to be canvassed by the private respondent at the appropriate stage.

With the aforesaid observations WPA 14031 of 2025 is disposed of.

Case diary be returned to the learned advocate appearing for the State.

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

(Tirthankar Ghosh, J.)