Sramana Banerjee (Mukherjee) v. State Of West Bengal And ORS.

D/L 22 29.04.2025 Kausik ct.no.35 W.P.A. 8039 of 2025 Sramana Banerjee (Mukherjee)

Versus

State of West Bengal & Ors.

Mr. Niladri Sekhar Ghosh Ms. Sreetama Biswas Mr. Arya Bhattacharyya Mr. Souvik Dey ...for the petitioner.

Mr. Joydip Banerjee Mr. Rajaram Banerjee ...for the state.

Petitioner is aggrieved by the fact that in spite of the accusations relating to circulation of obscene materials as well as issues relating to voyeurism complained of by the petitioner, no steps have been taken by the Dum Dum Police Station. A report has been submitted by the State wherein it has been contended that there are certain missing chain particularly with regard to the link or identification data about the social networking platform complained of. The issues complained of according to the report submitted is of 2019. The Lenovo Mobile set which was used and its IMEI numbers has been sent for verification.

Be that as it may, since the issue complained of has not been till date found by the officer concerned that any cognizable offence is made out and the petitioner complains that sufficient materials are in possession of the petitioner, I am of the view the petitioner would approach the learned jurisdictional court under section 175(3) of the BNSS with the materials which are already in possession. The learned Court will assess, ascertain and pass necessary directions upon the Inspector of Police of Dum Dum Police Station to ensure that an officer who deals with cyber crime is deputed to investigate the case. If such an application is filed, learned Magistrate would within a period of two weeks from the date of filing of the application dispose of the same in accordance with law.

With the aforesaid observations WPA 8039 of 2025 is disposed of.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)