29.11.2024 W.P.A. 27950 of 2024
Item No.21
Ct. No.35
dc.
Basanti Murmmu
versus
The State of West Bengal & Ors.
Mr. Niladri Sekhar Ghosh,
Mr. Debarshi Brahma,
Mr. Jakir Sardar,
Ms. Archita Pal ... For the Petitioner.
Mr. Susovan Sengupta,
Mr. Tarak Karan … For the State.
Mr. Surojit Roy ... For the Respondent No.10.
Affidavit-of-service filed in Court today be
kept with the record.
Report submitted by the learned advocate
appearing for the State be also kept with the record.
A copy of the report be handed over to the learned
advocate appearing for the petitioner.
The petitioner is aggrieved by the fact that
she has informed the police station pursuant to
which Dhaniakhali Police Station Case No.
252/2024 has been registered for investigation
under the relevant provisions of BNS as well as SC
& ST (POA) Act, 1989. The petitioner complains
that in spite of the case being under the Special
Act, she has been receiving threats from the
accused person.
State has submitted a report which reflects
that case has been registered. On receipt of
complaints, steps have been taken by the Deputy
Superintendent of Police and appropriate
2
proceedings have been drawn up under Sections
126/135(3) of BNSS as also civil suit is pending in
respect of the subject-matter of the property.
Be that as it may, since the case has already
been registered by the police authorities under the
relevant provisions of SC & ST (POA) Act, 1989 and
as the petitioner complains of being threatened, the
superior officer of the police and/or the Special
Court would ensure that threat perception of the
present petitioner is taken care of in consonance
with the provision of 15A of the SC & ST (POA) Act,
1989. Needless to state that the legislature in its
wisdom has incorporated the provisions for the
purposes of protection of victims as well as the
witnesses who are associated in criminal cases
keeping in mind the concept of welfare legislation
as well as for the upliftment of the marginalised
citizens of the country.
The Special Court would take a report from
the police authorities concerned in every 21 days
and ensure that the fear or any other threat
perception which has already instilled within the
mind of the present petitioner is taken care of in
consonance with the provisions of the Special Act.
With the aforesaid observations, the writ
petition being WPA 27950 of 2024 is disposed of.
There shall be no order as to costs.
3
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.)