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Calcutta High Court · body

2026 DAILYLAW 27725 (CAL)

MASUWARA KHATUN v. STATE OF WEST BENGAL AND ORS.

WPA/14750/2026 · 2026-07-10

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18 10.07.2026 Court No.05 pg. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 14750 of 2026 Masuwara Khatun -versus The State of West Bengal & Ors. Mr. Debapriya Majumder … For the petitioner Mr. Giridhar Dhelia … For the State Mr. S.N. Sukul Mr. Mritunjoy Chatterjee Mr. Sayan Mukherjee … For the respondent no.6 1. Affidavit of service filed on behalf of petitioner is taken on record. 2. Learned advocate representing petitioner submits that she is victim of rape and in connection therewith a criminal prosecution was initiated against respondent no.6 in 2022. It is further submitted that during pendency of the said criminal prosecution, petitioner was threatened on 26th June, 2026 at night by respondent no.6. Such incident of threatening was reported to the concerned police authorities but according to petitioner, necessary steps are not being taken. Prayer is made in this writ petition seeking direction upon concerned police authorities to provide protection which would prevent respondent no.6 from recurring such incident of threatening. 2 3. Learned advocate representing respondent no.6 submits that in connection with criminal prosecution which was initiated in 2022, respondent no.6 obtained pre-arrest bail and subsequently petitioner filed an application, being CRM (DB) 832 of 2023, seeking cancellation of bail. Such application seeking cancellation of bail was dismissed for default on 22nd February, 2024. According to respondent no.6, order dated 22nd February, 2024 is yet to be recalled. 4. In addition thereto, it is also contended on behalf of respondent no.6 that an application was filed under Section 482 of the Code of Criminal Procedure seeking quashment of criminal prosecution which was initiated in 2022 and on such quashing application, a coordinate Bench passed an interim order on 19th May, 2023 wherein it was directed not to commit the criminal prosecution to the Court of Sessions till the disposal of the revisional application, being CRR 4132 of 2022. It is further contended on behalf of respondent no.6 that said application, being CRR 4132 of 2022, is still pending. 5. It needs to be recorded herein that aforesaid steps taken by respondent no.6 in connection with a proceeding initiated in 2022 are not disclosed in the present writ petition and a case is made out based on alleged threat at the instance of respondent no.6 on 26th June, 2026. 3 6. On behalf of State respondents, a communication dated 1st July, 2026 of Officer-in- Charge of Raninagar Police Station is placed before this Court and same is taken on record. 7. It is disclosed in the said communication that certain steps are taken on receipt of complaint from petitioner alleging the incident which took place on 26th June, 2026, 8. Taking note of the complaint lodged by petitioner, concerned police authorities are directed to provide protection to petitioner, if occasion so arises. 9. Writ petition stands disposed of. 10. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities. (Saugata Bhattacharyya, J.)