Subrata Ganguly v. State Of West Bengal And ORS.

18.8.2022 Sl.No.141 sn WPA 14616 of 2022 Subrata Ganguly

Versus

The State of West Bengal & Ors.

Mr. Achyut Basu Ms. Sonam Basu ...for the petitioners Mr. Raja Saha Mr. Bibekananda Tripathy ..for the State Despite service, none appears on behalf of the respondent no.4. Let the affidavit of service be taken on record.

The petitioner alleges that the respondent no.4 had been continuously harassing him. Allegations of assault, threat and torture have been made. Initially, the police authorities on the basis of complaint lodged by the petitioner, had submitted a prosecution under Section 107 of the Code of Criminal Procedure against the respondent no.4. Subsequently, when the petitioner lodged further complaint about his physical torture, Bhatpara Police Station Case No.528 of 2022 dated July 16, 2022 under Sections 341/523/306 of the Indian Penal Code was registered. The investigation is going on. The investigating officer had already visited the place of occurrence and prepared a rough sketch map with proper index. Available witnesses who were expected to have knowledge of the incidents

were interrogated. Statements under Section 161 of the Code of Criminal Procedure were recorded. The FIR named accused persons had been arrested and he was in judicial custody.

Under such circumstances, this writ petition is disposed of with a direction upon the Officer-inCharge, Bhatpara Police Station, shall keep a vigil so that the petitioner feels safe. The investigation shall continue, in accordance with law. Merits of the allegations have not been gone into.

The writ petition is disposed of.

There will be, however, no order as to costs. All parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)