IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** CRR/11/2026 R. Thilak Ram Vs The State Mr. R. Pradeep … for the petitioner Mr. Sumit Kumar Karmakar … for the State February 09, 2026 [AKB] Item No.8 The Learned Counsel for the petitioner has submitted that by the impugned order dated 02.02.2026, the Learned Special Judge, Port Blair has suo moto directed for rectification of the date of commencement of the offence in the formal F.I.R. even the same was not prayed for by the concerned Investigating Officer. The Learned Counsel for the State has submitted that although the offence was commenced from the year 2024, the F.I.R. contains the date of occurrence on 26.12.2025 that is on the date of lodgment of the F.I.R. For the purpose of clarification, the Learned Special Judge has directed for rectification of the date of commencement of the offence in the formal F.I.R. I have gone through the relevant order dated 02.02.2026 whereby the Learned Special Judge has observed as hereunder: “On perusal of record, specially the statement of VG, it is very much clear that incident in question started from the year 2024 but I failed to understand that what prompted the recording officer to mention the date of incident as 26.12.25. Hon'ble Supreme Court in several judgments held that Court should not act as a post-office and consider the fact which has been given by police or prosecuting agency.” Such observation is not correct in the sense that there is no provision either in Code of the Criminal Procedure or in Bharatiya Nagarik Suraksha Sanhita 2023 for rectification of formal F.I.R. at the instance of the Learned Special Judge. Even if the same is not rectified as directed by the Learned Special Judge, it would not give a fatal blow to the prosecution case since in the said formal F.I.R. in column 12 it has been specifically written as hereunder : “Sub: Complaint against obscene video upload on Instagram account name - ankita reg:- Sir, I am here to say that one year before, I had chat and did video call on what'sapp with my boyfriend name Tilak Resident of Austinabad after breakup of 1 year, now the one of the video has been uploaded in instagram account in the name of ankita-vilo-05 and the URL is https://www.instagram. com/reel/Dstr/CJXkgsu/?igshnTIXCTFwouldnznfz MQ account vel- ankita-vilo-05?igsh nwIlwyw-PhoDhsax88zA I don't know about the Person who uploaded the video on instagram. So it is kind request you to please delete my video on instagram. Thanking you Yours faithfully –sd/- Vaishali age- 18 years Junglighat myphone No. 6281573074, 9933239663 Boyfriend No. 9641020949.” The above formal F.I.R. goes to show that although the F.I.R. was lodged on 26.12.2025, the victim or the de-facto complainant lodging the said F.I.R. has specifically stated that one year before she had chat and did video call on whatsapp with the accused. This would go to show that although the F.I.R. was lodged on 26.12.2025 but the commission of offence was allegedly started one year before 26.12.2025. This would sufficient to cover the prosecution case. During evidence the prosecution witnesses can clarify this. There is no need for a Judge to ask for rectification of formal F.I.R. in the absence of any specific provision in Bharatiya Nagarik Suraksha Sanhita 2023. It is true that the Learned Court should not act as a Post Office, but that does not allow the Court to rectify formal F.I.R. in the absence of any provision supporting such rectification. Such action on the part of the Court may prejudice the defence of the accused. Accordingly, the order No. 1 dated 02.02.2026 passed in Special Case No. 06 of 2026 pending before the Learned Special Court (POCSO Act) is hereby set aside. The C.R.R. 11 of 2026 is thus allowed. (Apurba Sinha Ray, J.)