Maya Dhara v. State Of West Bengal And ORS.

Sl.No.

25.09.2024 WPA 19705 of 2024 Court No. 35 G.S.Das Maya Dhara -VsThe State of West Bengal & Ors.

Mr. Raj Kumar Sain ... for the petitioner Mr. Sudipta Dasgupta Mr. Sutirtha Nayek Ms. Sinjini Chakraborti ... for the respondent no.4 Ms. Munmun Ganguly Mr. Siddhartha Ghosh ... for the State-respondent Mr. Sarbananda Sanyal ... for the respondent no.9 Mr. Kanailal Samanta Mr. Jakir Hossain ... for the respondent nos.8&10 Affidavit of Service so filed be kept with the record.

Report submitted by the State be also kept with the record.

The report reflects that since the complaint was filed earlier, Tamluk P.S.

Case No. 701 of 2024 dated 13.08.2024 was registered for investigation.

The

investigation of the case is still in progress. Subsequently, on 2nd September, 2024, an information was furnished with the officer-in-charge/Inspector-in-charge of Tamluk P.S.

The police authorities will work out on the information which has been furnished by the petitioner on 2nd of September, 2024 and will assess whether the witnesses have been threatened and, to that extent, they would be at liberty to add Section 232 of the BNS, 2023.

This order is a not a direction of this Court, but, an enquiry, prima facie, is to be conducted for the police authorities to be subjectively satisfied.

With the aforesaid observations, WPA 19705 of 2024 is disposed of.

Pending application(s), if any, is also disposed of.

Since affidavits are not invited the other allegations made in the writ petition are deemed not to have been denied.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)