← Library
Calcutta High CourtWPA/20314/2025disposed

Xxx v. State Of West Bengal And ORS.

2025-09-04Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 25 04.09.2025 Bpg.

ct.no.35 W.P.A.20314 of 2025 XXX

Versus

State of West Bengal & ors.

Mr. Shibaji Kr. Das Ms. Deblina De.

...for the petitioner.

Mr. K.J. Yusuf Mr. Parikshit Goswami.

...for the State-respondents.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner is aggrieved by the investigation being carried out in connection with Chakdah Police Station Case No.853 of 2025 dated 03.08.2025. Petitioner submits that the case was registered under the relevant provisions of the BNS as well as the POCSO Act. It has been complained that there has been pressure from all quarters for compromising the case.

State has submitted a report. Report reflects that statement under Section 183 of BNSS has been recorded. There are injury report to be collected, steps are being taken for apprehending six accused persons.

In view of the petitioner complaining of being threatened and the case is before the learned special court, I am of the opinion that the relevant provisions of the POCSO Act be invoked for protection of the witnesses. The learned special court would after 3rd October, 2025 call for a progress report and make the same available to the de facto complainant so that the grievance of the de facto complainant can be addressed at that stage. Learned court would after considering the same pass necessary directions upon the police authorities so that loopholes are not kept open at the time of completion of investigation. With the aforesaid observations, WPA 20314 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)