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2025 Supreme(Online)(Cal) 2051

CALCUTTA HIGH COURT
Tirthankar Ghosh, J
Ruma Ruidas – Appellant
Versus
The State of West Bengal – Respondent
WPA 15332 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Guddu Singh
For the Respondents: Ms. Sonal Sinha, Ms. Shabnam Farooqi, Mr. Aniruddha Bagchi, Sr. Adv., Mr. Narendra Prasad Gupta

Courts can direct protective measures for witnesses under existing cases to ensure their safety during proceedings.

Headnote:The court analyzed the implications of the petitioner’s lack of response to her complaints regarding threats and safety, reference to Witness Protection Scheme, 2018, and the jurisdiction of the criminal court already handling the case. Legal questions framed included the adequacy of police protections for witnesses amidst ongoing proceedings. The court determined that the petitioner’s security concerns were to be evaluated by the jurisdictional court to ensure proper protective measures.

The petitioner is aggrieved by the fact that her information which was sent to the police authorities particularly the Investigating Officer associated with Budbud police station in connection with Budbud PS Case No. 81 of 2025, was not given any effect. The petitioner further complains that pursuant to the information so furnished, she has been receiving threats and is also unable to enter her house.

I have considered the contentions advanced on behalf of the petitioner as well as the report submitted on behalf of the State. The report reflects that in respect of the incident of 15.05.2025, Budbud PS Case No. 81 of 2025 was registered for investigation and, on conclusion of investigation, charge-sheet was submitted before the jurisdictional court.

Having regard to the other issues concerned, I am of the view that since a criminal court is already in seisin of the issues, the petitioner will ventilate her grievances before the jurisdictional court.

So far as the issue relating to possession is concerned, the same is to be addressed before the appropriate court having jurisdictional.

Since a criminal case has already been registered and the same is before a court, the police authority obviously would oversee, in such circumstances, that the petitioner who happens to be a witness in the case is not suffering from any insecurity. To that effect, in case, the petitioner takes out any application before the learned court in seisin of the issues, the learned jurisdictional court, in those circumstances, would consider the threat perception of the petitioner, thereafter, pass necessary directions under the Witness Protection Scheme , 2018.

With the aforesaid observations, WPA 15332 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

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