Calcutta High CourtWPA/24403/2025dismissed

Kamal Hossain v. State Of West Bengal And ORS.

2025-10-28Hon'Ble Justice Suvra Ghosh2 pages

28.10.2025 Ct. No.34 b.das WPA 24403 of 2025 Kamal Hossain Vs.

The State of W. B. & Ors.

Mr. Sabyasachi Chatterjee (VC) Mr. Pintu Karar Mr. Akashdeep Mukherjee Ms. Suparna Dutta ...for the petitioner.

Mr. Vevekananda Bose Mr. Suddhadeb Adak ...for the State.

Affidavit of service filed by the petitioner and report submitted by the State are taken on record.

None appears for the private respondent despite service.

Learned counsel for the petitioner submits that an FIR has been lodged by the private respondent before Joypur Police Station alleging certain defamatory posts uploaded on a particular YouTube account.

The petitioner is aggrieved by the registration of FIR pursuant to the said complaint and also issuance of notice upon him by the investigating officer under Section 94/179 of the BNSS.

Heard learned counsels for the parties.

The writ petition does not disclose any grievance of the petitioner against registration of the FIR. The notice under Section 94/179 of BNSS demonstrates that the

petitioner has been directed to appear before the investigating officer since he appears to be acquainted with the facts and circumstance of the case and investigation thereof. He is not named as an accused in the FIR.

Report submitted by the State indicates sufficient reasons for calling the petitioner to the police station by the investigating officer.

In view of the above, this Court is inclined to hold that the writ petition is devoid of merits and is liable to be dismissed.

Accordingly, the writ petition is dismissed.

The petitioner is directed to comply with the notice issued under Section 94/179 of the BNSS at the earliest. Since the petitioner is a resident of Howrah, this Court does not feel it necessary to allow the petitioner to appear before the investigating officer virtually.

There shall, however, be no order as to costs. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)