Nasima Banu v. State Of West Bengal And ORS.
09.07.2024 d.p.
In The High Court At Calcutta Constitution Writ Jurisdiction Appellate Side W.P.A. 17208 of 2024 Nasima Banu -versus The State of West Bengal & Ors.
Mr. Mohinoor Rahaman, Ms. Maria Rahaman, Ms. Iqra Rahaman.
...For the Petitioner.
Mr. Jayanta Samanta, Mr. Subhendu Bandyopadhyay.
...For the State.
Affidavit-of-service filed in Court today is taken on record.
The father of the petitioner succumbed to the injuries suffered by him allegedly because of the brutal attack by the private respondents.
The petitioner filed an earlier writ petition being WPA 519 of 2024 which stood disposed of by this Court on 8th February, 2024 by observing that substantial part of investigation has already been concluded and it was not necessary to arrest all the accused in order to file a charge sheet. The Court directed the investigation to be concluded expeditiously and in accordance with law.
The submission of the learned advocate appearing on behalf of the State respondents was recorded.
It has been submitted by the petitioner that a police picket was maintained in the locality from 1st December, 2023 and the same was there till prior to 4th June, 2024.
After the police picket was removed, the persons who are alleged to be absconding and the principal accused are roaming freely in the locality and threatening the petitioner and her family members with dire consequences.
A complaint was lodged before the Pukhuria Police Station on 30th June, 2024 but no action is reported to be taken. The petitioner fears for her life and property.
Learned advocate appearing on behalf of the State respondents submits, upon instructions that, continuous raids are being made to arrest the accused persons who are in the large. Charge sheet has already been filed with a prayer for filing supplementary charge sheet on 19th February, 2024. The police is keeping strict vigil to nab the absconders but they are yet to be traced. Prayer has been made before the Learned Court below for issuing order of proclamation and attachment so that the accused persons for securing their arrest. As regards the complaint filed by the petitioner on 30th June, 2024, the Pukhuria PS Case No.377/2024 dated 4th July, 2024 under Section 195(A)/323 IPC has already been registered.
As it has been submitted by the petitioner that immediately after removal of the police picket the accused persons are moving around freely in the locality and giving out life threats, accordingly, let the
police picket be maintained for the time being to prevent any further untoward incident.
The police are directed to ensure that no harm is caused to the life and property of the petitioner. As charge sheet has already been filed, it will be open for the petitioner to approach the learned trial Judge in seisin of the matter for any further relief. Report filed by the Officer-in-Charge, Pukhuria Police Station signed on 8th July, 2024 is taken on record.
The writ petition stands disposed of.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.
( Amrita Sinha, J.)