Xxxxxx Xxxx Xxxxxx v. The State Of West Bengal And ORS.

D/L 59 23.07.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 11401 of 2024 XXX(Mother of Victim) Vs.

The State of West Bengal & Ors.

Mr. Santanu sett Mr. Avijit Bose ...for the Petitioner.

Mr. Vimal Kumar Shahi Ms. Pratiti Das ...for the State.

1. Affidavit of service filed in Court today is taken on record.

2. The primary grievance of the petitioner who claims to be the mother of the victim is that even though her daughter is a minor, the police did not invoke the sections under the POCSO Act.

3. Learned advocate representing the State respondents relies upon the instruction forwarded by the Inspectorin-Charge Sonarpur Police Station signed on 22nd July, 2025 which mentions that sections under the POCSO Act have been invoked on 18th November, 2024 by the learned Additional Chief Judicial Magistrate, Baruipur Court, South 24 Parganas.

4. The investigation of the subject case is in progress.

5. As the prayer of the petitioner for invoking the provisions under the POCSO Act has already been allowed, accordingly, the instant writ petition stands disposed of.

6. The police is directed to continue and conclude the investigation in accordance with law.

7. The police shall also ensure that neither the petitioner nor her minor daughter is harassed by the accused in any manner whatsoever.

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

(Amrita Sinha, J.)