Sirajuddin Mallick And ANR. v. State Of West Bengal And ORS.

Sl.No.

04.10.2024 WPA 20218 of 2024 Court No. 35 G.S.Das Sirajuddin Mallick & Anr.

-VsThe State of West Bengal & Ors.

Mr. Jayanta Das ... for the petitioner Mr. Wasim Ahmed Mr. Sk. Md. Masud ... for the State-respondent Affidavit of service filed by the petitioner be kept with the record.

Report so submitted be also kept with the record.

The principal allegation against the State was that no case was being registered.

The report reflects that Ramnagar P.S. Case No. 154 of 2024 dated 14.08.2024 was registered for investigation and steps are being taken by the police authorities.

Learned advocate for petitioners submits that pursuant to the

FIR being registered, private respondent(s) are, in fact, attacking the house of petitioners and have damaged a part of their house.

The petitioners are apprehending further humiliation at the behest of the private respondents, since the police has already registered a case, which is before the ld. ACJM, Diamond Harbour.

The petitioners would take out an application complaining series of incidents, which would incorporate the threats being inflicted upon them, the destructions and/or damages to their properties forcibly and/or actions of the private respondents which were complained of but not acted upon.

Learned ACJM, Diamond Harbour would take into account whether the police authorities have taken the same into account while progressing with investigation of the case and if the same

has not been taken into account, direct the police authorities to take the same into account within the domain of the investigation. Any threat or damage to the property of the petitioner should be dealt with seriously and the ld. ACJM, Diamond Harbour would, if required, reconsider the bail, if any, granted to any of the accused persons.

So far as the provisions of law are concerned, the petitioners being the complainants are the necessary witnesses in a criminal case. Therefore, it is the duty of the Court of law to see to that under the Witness Protection Scheme, they are given protection by police authorities.

With the aforesaid directions, WPA 20218 of 2024 is disposed of.

Pending application, if any, is also

disposed of.

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

(Tirthankar Ghosh, J.)