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2026 DAILYLAW 33532 (CAL)

XXX v. STATE OF WEST BENGAL AND ORS.

WPA/16142/2026 · 2026-08-05

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

09 Ranajit (AR.CT) 05.08.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 16142 OF 2026 XXXXXXX -vs- The State of West Bengal & Ors. Md. Shamimuddin, Sk. Samiul Haque, Mr. Subhankar Halder ….for the petitioner. Ms. Sipra Chanda ….for the State. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Based on complaint lodged one Baruipur Police Station Case No. 1194/26 dated 8th June, 2026 was initiated under certain provisions of BNS, 2023 read with Section 8 of POCSO Act. 3. Learned advocate representing petitioner expresses dissatisfaction with regard to steps taken by the police authorities in investigating the case and it is also alleged that accused persons in aforesaid criminal prosecution are threatening the complainant. 4. Prayer is made for directing the concerned police authorities to provide protection to the petitioner and take forward the investigation to its logical conclusion in accordance with law. 5. Learned advocate representing the State respondents has filed a communication dated 21st July, 2026 of Inspector-in-Charge, Baruipur Police Station and same is taken on record. Copy of the communication dated 21st July, 2026 is made over to the learned advocate representing the petitioner. 6. Steps taken by the investigating officer in aforesaid criminal prosecution are disclosed. It is also stated in the said communication that steps are being taken to arrest accused persons in Baruipur Police Station Case No. 1194/26 dated 8th June, 2026. 7. Furthermore, it appears that based on another complaint one Baruipur Police Station Case No. 1258/26 dated 18th June, 2026 has been initiated against the petitioner and her family members. The said criminal prosecution is investigated upon. 8. It appears from the communication dated 21st July, 2026, that there are allegations and counter allegations giving rise to separate criminal prosecutions. 9. However, concerned police authorities are directed to take necessary steps accordingly and investigate the criminal prosecutions in accordance with law and file report before the jurisdictional Magistrate at an early date. 10. If petitioner has grievance relating to manner of investigation, in that event petitioner shall be at leave to approach jurisdictional Magistrate in pursuit of remedy. 11. However, concerned police authority is directed to 2 maintain peace and tranquility at the locale and to see no untoward incident takes place. 12. Writ petition stands disposed of. 13. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.) 3