Ranjit Maji v. The State Of West Bengal And ORS.

D/L23 20.12.2024 Bpg.

ct.no.35 W.P.A.29712 of 2024 Ranjit Maji

Versus

The State of West Bengal & Ors.

Mr. Palash Bapari.

...for the petitioner.

Mr. Dipanjan Datta Ms. Sukanya Datta.

...for the State-respondents.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner complains that after having obtained sanction plan from the panchayat authority he intended to raise the construction when he was assaulted, harassed and the private respondents interfered with the said construction. Information to the police authorities did not yield any result. Learned advocate for the State has submitted a report. Report reflects that Dadpur P.S. Case No.239 of 2024 dated 13.07.2024 was registered for investigation under the relevant provisions of law and on conclusion of investigation the investigating authority has already submitted charge-sheet. It has been further contended on behalf of the State that since the writ petition was preferred for initiation of investigation while the police authorities have not

only investigated but also submitted charge-sheet, the primary grievance raised by the petitioner has been addressed.

I have considered the submissions advanced by the learned advocate for the petitioner as also that of the State and I find that Section 115(2) of BNS is present, both in the FIR and the charge-sheet, as such, the issue relating to assault which was raised by the petitioner is primarily substantiated on the basis of the investigation.

Accordingly, I direct that if the private respondents continue their conduct and the petitioner complains of any harassment, disturbance or any untoward incident of physical assault, the police administration will consider such threat perception and act according to the provisions of Witness Protection Scheme, 2018. To that effect, report be submitted before the jurisdictional court who will be in seisin of Dadpur P.S. Case No.239 of 2024. With the aforesaid observations, WPA 29712 of 2024 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner.

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.)