Sarathi Mondal And ANR v. State Of West Bengal And ORS.

D/L18 05.12.2024 Bpg.

ct.no.35 W.P.A.28837 of 2024 Sarathi Mondal & Anr.

Versus

The State of West Bengal & Ors.

Mr. Arun Pahari Mr. Arkadyuti Pahari Ms. Gargi Maity Ms. Afifa Rahman.

...for the petitioners.

Mr. Amal Kr. Sen Mr. Lal Mohan Basu.

...for the State-respondents.

Petitioners prayed for leave regarding the urgency as their complaint was not addressed by the police authorities.

Learned advocate appearing for the State submits that already Gangarampur Police Station FIR No.645 of 2024 dated 03.12.2024 has been registered for investigation under the relevant provisions of law. In view of the criminal case already being registered, police authorities will ensure that the petitioners who happen to be witnesses in the criminal case their life and liberty be protected. If required, police authorities during the course of investigation would seek necessary directions under the relevant provisions of the Witness Protection Scheme, 2018 from the jurisdictional court and take

necessary steps till they come to the conclusion regarding the genuinity of the accusations.

A supplementary affidavit has been filed on behalf of the petitioner no.2. Let the same be kept with the record.

Having considered that the police authorities have already taken steps and the jurisdictional court is already in seisin of the matter, in case there is any other dispute arising, petitioners would be at liberty approach the jurisdictional criminal court which is already in seisin of the matter complaining regarding the subsequent instances to the court concerned. Learned Magistrate would deal with the genuinity of the accusations and thereafter pass necessary directions upon the investigating officer, both in respect of the steps taken for progress of investigation, as well as the steps for the life and liberty of the petitioners and their family members concerned.

With the aforesaid observations, WPA 28837 of 2024 is disposed of.

There will be no order as to costs.

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.)