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Calcutta High CourtWPA/14337/2025disposed

Xxx -The Victim v. State Of West Bengal And ORS.

2025-07-23Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 25 23.07.2025 ct.no.35 Kausik W.P.A. 14337 of 2025 XXX - The Victim

Versus

State of West Bengal & Ors.

Mr. Rameshwar Sinha Ms. Debanjana Sen ...for the Petitioner.

Mr. Dwarika Nath Mukherjee Mr. Aniruddha Sen ...for the State.

Petitioner's main grievance is that the provisions of BNSS so far as it relates to the provisions in respect of examination of victim in cases of rape and other sexual offences are not being followed by the Investigating Officer of Dadpur Police Station in connection with Dadpur Police Station Case No. 235/2025 dated 10.07.2025.

Having considered the plight expressed by the petitioner, I am of the view that a Superior Officer acquainted with the offences against Women and Children and the provisions of BNSS, should monitor the case. It has been categorically stated under the new procedural code that, even statement of the victim can be recorded in virtual mode through a mobile phone. If there are constraints of the Investigating Agency, in that case, they would

use the electronic means as has been prescribed under the new law considering the fact that the victim presently is carrying. It is reiterated that the investigating agency will adhere to the provisions of law with sincerity and in consonance with the same put in efforts for effective investigation of the case to take the investigation to a logical conclusion within a reasonable period of time.

So far as the other prayers are concerned, petitioner would be at liberty to take up the issue before the jurisdictional Court in charge of Dadpur PS Case no. 235/2025.

With the aforesaid observations WPA 14337 of 2025 is disposed of.

Report so submitted be kept with the record.

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.)