10.07.2026 Serial nos. 19 [Srimanta] Ct. No. - 29 CRR 2484 of 2026 VIKRAM SINGH & ORS. -VS- STATE OF WEST BENGAL & ANR. Mr. Satadru Lahiri, Mr. Gourav Banerjee, Mr. Poulam Dey, Advocates … … For the Petitioners. Mr. Apalak Basu, Ms. Sanghamitra Mridha, Advocates ……For the Opposite Party No. 2. 1. In this application, the petitioners have prayed for quashment of the criminal proceeding in T.R. No. 412/2025 arising out of Case No. AC 2956/2025 presently pending before learned Judicial Magistrate, First Class, 1st Court, Alipore. The impugned proceeding has been initiated by the opposite party no. 2 herein under Sections 79/351(1) to 351(4)/356 of the Bharatiya Nyaya Sanhita, 2023 along with Sections 67 and 67A of the Information Technology Act, 2002 alleging, inter alia, the use of obscene language within a whatsapp group. 2. Being aggrieved by the aforesaid proceeding, learned Counsel for the petitioners, Mr. Lahiri had drawn my attention to the impugned order dated 09.10.2025 where without making pre-cognizance hearing in terms of Section 223 of the BNSS the Court below had issued process against the petitioners. Learned Counsel appearing on 2 behalf of opposite party no. 2 submits that there is no quarrel with the submission made on behalf of the petitioners that the Court below had issued process without complying the mandatory provision laid down in Section 223 of the BNSS. In the present case, fact remains that the accused persons reside outside the jurisdiction of the Court below and also beyond the State and, therefore, there is also non-compliance of Section 225 of the BNSS. 3. Having considered the aforesaid facts and circumstances of the case, I find that the order dated 09.10.2025 is not sustainable in law and is liable to be set aside. Therefore, CRR/2484/2026 is disposed of with a direction upon the Court below to take appropriate steps strictly in terms of Section 223 of the BNSS before taking cognizance upon the offence alleged. Therefore, he will proceed in accordance with law. The impugned order dated 09.10.2025 thus stands set aside. However, this order will not preclude the petitioners herein to pray for quashment of the proceeding at any subsequent stage, if he is so instructed. (Dr. Ajoy Kumar Mukherjee, J.)