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Calcutta High CourtWPA/26331/2024disposed

Sk. Akram Hossen v. The State Of West Bengal And ORS.

2024-11-28Hon'Ble Justice Tirthankar Ghosh2 pages

28.11.2024 W.P.A. 26331 of 2024 Item No.8 Ct. No.35 dc.

Sk. Akram Hossen versus The State of West Bengal & Ors.

Mr. Souri Ghosal ... For the Petitioner.

Mr. Sumon Ghosh, Mr. Siddhartha Ghosh ... For the State.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioner.

The said report reflects that pursuant to the earlier direction passed by this Court, the police authorities took steps by interacting with the de facto complainant who was injured and was unable to come out of his residence. Consequently, Uluberia Police Station Case No. 462/2024 dated 11.11.2024 has been registered for investigation. Report also reflects that the investigating officer has collected injury reports, served notices under Section 35(3) of BNSS upon the FIR named accused persons and also served notice under Section 94 of BNSS upon the petitioner. As the case has been registered on 11.11.2024 and number of consequent steps has been taken and the prayer of the petitioner before this Court was that the police was inactive pursuant to the complaint which was

registered, for the time being I am of the view that the purpose for which the petitioner approached this Court has been subserved.

However, the learned advocate appearing for the petitioner submits that the petitioner apprehends both harm and harassment of his life and property at the hands of the private respondents. The Inspector-in-Charge, Uluberia Police Station will analyse the threat perception of the present petitioner and submit a report before the learned ACJM in the mode and manner as has been provided under the Witness Protection Scheme, 2018 or in the case of Mahendra Chawla and others Vs. Union of India and others reported in (2019) 14 SCC 615.

With the aforesaid observations, the writ petition being WPA 26331 of 2024 is disposed of. There shall be no order as to costs.

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.)