Naghma Begum v. State Of West Bengal And ORS.

D/L 6 02.07.2025 Bpg.

ct.no.35 W.P.A.28100 of 2024 Naghma Begum

Versus

The State of West Bengal & Ors.

Mr. Jaydeep Biswas Mr. Kaushik Ghosh.

...for the petitioner.

Mr. Pantu Deb Roy Mr. Panna Lal Bandyopadhyay.

...for the State-respondents.

The investigating authority in connection with Karaya Police Station Case No.160 of 2024 dated 12.07.2024 has submitted the charge-sheet under Sections 103(1)/3(5) of the BNS as also under Section 309(6) of the BNS. The grievance of the petitioner is that the nature of the offence and the manner in which the deceased was murdered do not seem to the petitioner that the same could have been executed by a single person. Petitioner approached the Court at a stage when the investigation of the case was in progress and subsequently charge-sheet was submitted, but the documents under Section 230 of the BNSS were not available to the complainant/victim.

Considering that the new provision of the BNSS allows the victim to have copies of the documents on which the prosecution proposes to rely upon, to prove its case, I am of the view that the petitioner will approach the learned Magistrate for supply of copies. After supply of copies if the petitioner finds any cogent reason to substantiate the contentions, petitioner would be at liberty to take out an application under Section 193(9) of the BNSS. In view of the aforesaid observations, WPA 28100 of 2024 is disposed of.

There will be no order as to costs.

Case diary be returned to the learned advocate appearing for the State.

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.)