SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2025 Supreme(Online)(Cal) 4090

CALCUTTA HIGH COURT
Tirthankar Ghosh, J
Benjhir Khatun Biswas – Appellant
Versus
The State of West Bengal – Respondent
W.P.A. 14031 of 2025



Advocates:
For the Appellants/Petitioners: Ms. Sananda Bhattacharyya, Mr. Asraf Sk.
For the Respondents: Ms. Reshmi Khatun, Mr. Suman Ghosh, Mr. Siddhartha Ghosh

Court emphasized the need for witness protection in ongoing investigations under the Witness Protection Scheme.

Headnote:The petitioner challenged the ongoing police investigation concerning Chapra PS Case No. 670/25 registered on 03.06.2025, focusing on facts including witness protection as per the Witness Protection Scheme, 2018. The Court determined that while the police investigated, the petitioner should await the 90-day report submission period. It directed the jurisdictional court to assess the complainant's grievance regarding protection.

Result: WPA 14031 of 2025 is disposed of.

Petitioner has approached this Court being aggrieved by the investigation being carried out by the police authorities.

I find from the records of the case that Chapra PS Case No. 670/25 was registered for investigation on 03.06.2025. The police authorities have recorded statements of the witnesses. Subsequently, statements under section 183 of the BNSS have been recorded. The medico/legal examination of the victim is over as is reflected from the case diary.

The police authorities are proceeding with the investigation of the case. So far as the nature of the offences are concerned since the time limit is 90 days for submission of the report under section 193 of the BNSS, petitioner would canvass the grievance after the said period of 90 days. In the meantime, so far as the insecurity which has been addressed by the petitioner, I direct the learned jurisdictional Court in seisin of Chapra PS Case No. 670/25 to assess and ascertain regarding the complaint of the petitioner so far as her protection is concerned as she happens to be the vital witness of the case. The learned Court will call for a report under the relevant provisions of the Witness Protection Scheme, 2018 and thereafter pass necessary directions upon the police authorities. A notice be issued to the informant who happens to be the victim of the case within a period of 7 days from the date of communication of this order.

Learned advocate for the private respondent submits that since no affidavits have been called for, the accusations made in the writ petition and/or continuance of the investigation are deemed to be denied and are not to be admitted as the same relate to question of facts to be canvassed by the private respondent at the appropriate stage.

With the aforesaid observations WPA 14031 of 2025 is disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top