Moyna Laya v. The State Of West Bengal And ORS.

W.P.A. 19407 of 2025 Moyna Laya VS The State of West Bengal & Ors.

Mr. Kingsuk Mondal Mrs. Gopa Das ...for the Petitioner.

Mr. Tanmoy Kumar Ghosh Mr. Gourav Banerji ...for the State.

Affidavit-of-service filed by the petitioner be kept 26.08.2025 Court No. 35 D/L. No.26 Rakib with the record.

Petitioner is aggrieved by the action of the police authorities, particularly with regard to the charge-sheet which has been submitted being Khejuri PS Charge-sheet no. 236/25 dated 22.05.2025. Petitioner complains that the sections have been understated by the police authorities. To that effect petitioner has relied upon certain photographs.

State has submitted a report. Report also reflects that police authorities are aware regarding the interference with the life and liberty of the petitioner and as such have drawn up proceedings under Section 126 of the BNSS.

Having considered that the petitioner is aggrieved regarding the sections being understated in the chargesheet itself, petitioner would approach the learned Magistrate and/or the jurisdictional Court in seisin of the

issue with a regular application under the relevant provisions of law. Learned Magistrate would assess whether the provisions of law has been incorporated in the charge-sheet and would apply his mind for passing necessary orders.

So far as the issue relating to life and liberty of the petitioner and her family members are concerned, learned Magistrate would assess whether there is threat perception and thereafter, if required, take steps under the Witness Protection Scheme, 2018.

With the aforesaid observations WPA 19407 of 2025 is disposed of.

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

Copy of the report be handed over to the learned advocate appearing for the petitioner.

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

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

(Tirthankar Ghosh, J.)