Rina Batabyal v. State Of West Bengal And ORS.

12.03.2026 Ct. No. 05 adeb WPA 4954 of 2026 Rina Batabyal Vs.

The State of West Bengal & Ors.

Mr. Avijit Ganguly ...for the petitioner Mr. Nilotpal Chatterjee ...for the State

1. Affidavit of service filed on behalf of the petitioner is taken on record.

2. Matter is heard in presence of the learned advocates representing the petitioner and State respondents.

3. By presenting this writ petition, inter alia, petitioner has prayed for further investigation in connection with Khanakul Police Station Case No. 709 of 2025 dated 17th September, 2025 by constituting a Special Investigation Team monitored by the higher police authorities.

4. It is submitted that a complaint was lodged by the petitioner dated 27th August, 2025 against four persons alleging outraging of modesty.

5. It is contended that considering the gravity of allegation Section 76 BNS, 2023 instead of Section 74 BNS, 2023 was required to be fastened which has not been done by the

investigating agency requiring further investigation.

6. However, on behalf of State respondents a communication dated 10th March, 2026 of Officer-in-Charge, Khanakul Police Station, Hooghly is placed before this Court and same is taken on record.

7. It is disclosed in the communication dated 10th March, 2026 that based on complaint made by the petitioner criminal proceeding being Khanakul P.S. Case No. 709 of 2025 dated 17th September, 2025 was initiated against the accused persons. In connection with the said proceeding a charge sheet being no. 23/2026 dated 22nd January, 2026 under Section 329(3)/115(2)/74/351(2)/352/324(2)/3(5) of BNS was submitted.

8. In addition thereto, on enquiry and in order to maintain peace and tranquility at the locale proceeding was initiated against Kartick Batabyal and Pintu Batabyal under Section 126/135(3) BNSS, 2023.

9. In view of the steps taken by the police authorities as disclosed in the communication dated 10th March, 2026 investigation by constituting SIT is not found required.

However, concerned police authorities are directed to maintain peace and tranquility at

the locale and to ensure that no untoward incident takes place in future.

10. With the aforesaid observations writ petition stands disposed of.

11. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)