Miss Sushama Maity v. The State Of West Bengal And ORS.

16.12.2024 Sl. No.39(DL) srm W.P.A. No. 29636 of 2024 Miss Sushama Maity

Versus

The State of West Bengal & Ors.

Mr. Shyamal Roy ...for the Petitioner.

Mr. Asish Kumar Guha, Mr. Benazir Ahmed ...for the State-respondents.

Mr. Sayanta Hazra ...for the Respondent Nos.5-7.

Affidavit-of-service so filed be kept with the record. Petitioner is aggrieved by the fact that in spite of a case instituted at her instance being Chandrakona PS Case No.394/2024 dated 02.12.2024, she is being threatened, abused, teased and she is apprehending that her life and liberty is at stake.

Report has been submitted by the police authorities of Chandrakona Police station which reflects that another case at the behest of the private respondents has been initiated being Chandrakona PS Case No.395/2024 dated 02.12.2024.

Be that as it may, I find that in the case instituted at the behest of the petitioner Sections 76 and 79 of the BNS, has been incorporated.

Learned Advocate for the private respondents submits that the present writ petition has been preferred for exerting undue pressure upon the police authorities as criminal cases have been filed against the petitioner and her family members. Be that as it may, in view of the nature of accusation leveled for which the petitioner happens to be a witness, I direct that in case an information is furnished either before the police authorities or before the jurisdictional court concerned, the concerned police authorities after analysing the threat perception will adhere to the provisions of the Witness Protection Scheme, 2018 and decide the manner of protection or assistance to be rendered to the present petitioner. Police authorities would also keep a strict vigil as both the petitioner and the private respondents are at loggerheads and ensure that no untoward incident results because of the inimical relationship existing between the parties. With the aforesaid observations, writ petition being WPA 29636 of 2024 is disposed of.

Report so submitted be kept with the record.

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.)