Harakrishna Pramanik v. The State Of West Bengal And ORS.

D/L 42 12.12.2024 Kausik ct.no.35 W.P.A. 27892 of 2024 Harakrishna Pramanik

Versus

The State of West Bengal & Ors.

Mr. S. Jahan Mr. Amit Bikram Mahata ...for the petitioner.

Mr. Kunal Ganguly Mr. Tirthankar Mukherjee Ms. Madhurima Sarkar Ms. Urmi Biswas ...for the respondent nos. 6 to 8.

Mr. Swapan Banerjee, AGP Mr. K.J Yusuf, AGP ...for the state.

Petitioner complains that on 14.10.2024 while the police authorities acted primarily on the complaint of the accused persons and registered the case but the petitioner who sustained injuries when he approached the police authorities, no case was registered on 14.10.2024 and subsequently almost after a month on 09.11.2024 Sonarpur Police Station Case No. 1469/24 was registered for investigations, pursuant to an order passed under section 175(3) of the BNSS.

I have perused the records of the case diary wherein the petitioner is a defacto complainant. The

injuries complained of have been recorded and the name of some of the miscreants are appearing in the medical report.

Learned advocate for the petitioner has handed over an information which was furnished with the Inspector-in-Charge, Sonarpur Police Station regarding the threats made by some of the miscreants on 06.12.2024 in and around the court.

If the petitioner feels insecure because of the criminal case pending, he will take out an application before the learned ACJM in seisin of the matter. Learned ACJM would under the provisions of the Witness Protection Scheme, 2018 direct an enquiry to be conducted in respect of the threat perception, prepare a threat analysis report. On the basis of the threat perception report, police authorities would ensure that there is no further physical harassment being inflicted upon the petitioner and would also ensure that the petitioner should not feel insure at the hands of the accused persons because of the pendency of the present criminal case.

With the aforesaid observations WPA 27892 of 2024 is disposed of.

Report so submitted by Mr. Banerjee, learned advocate appearing on behalf of the state be kept with the record.

Case diaries of both the cases being Sonarpur PS Case No. 1359/24 and Sonarpur PS Case No. 1469/24 produced before the court is returned to the learned advocate appearing on behalf of the state.

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

(Tirthankar Ghosh, J.)