Xxx v. State Of West Bengal And ORS.

D/L29 10.03.2025 Bpg.

ct.no.35 W.P.A.4453 of 2025 XXX

Versus

The State of West Bengal & Ors.

Mr. Santanu Talukdar Mr. Sayak Chakraborti Mr. Wrickbrata Roy Mr. S. Chatterjee Mr. Iswar Das.

...for the petitioner.

Mr. Swapan Banerjee Mr. Soumen Chatterjee.

...for the State-respondents.

Petitioner is aggrieved by the fact that the investigating agency although they are investigating the case but still there has been circulation of obscene pictures. Police authorities would take immediate steps with the concerned service providers as well as the government authorities concerned for blocking the website so that the further circulation of such obscene materials are prevented which is to the embarrassment of the petitioner.

State has submitted a report which reflects that the information was furnished with Kalighat Police Station. Subsequently after drawing up zero FIR, Kalighat Police Station has transmitted the case to Pragati Maidan Police Station. Presently, the case

has been registered as Pragati Maidan P.S. Case No.222 dated 18.12.2024.

Petitioner is aggrieved by the fact that in spite of the provisions of Information and Technology Act being attracted, police authorities did not incorporate the same. It would be the discretion of the investigating officer that if he in course of investigation is of the opinion that the provisions of the said Act are to be incorporated, in that case, prayer for addition may be made before the jurisdictional court concerned.

Police authorities would put in their efforts, exhaust processes of law and take effective steps for taking the investigation to its logical conclusion. With the aforesaid observations, WPA 4453 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)