Disposed

Xxxx v. State of West Bengal and Ors.

Calcutta HC22 Nov 2024WPA/23960/2024

Case brief

AI extract

What is this about?

The High Court transferred a second FIR for cyber harassment and attempted intimidation from local police to the Cyber Crime Police Station, Calcutta, and ordered specific safety measures for the petitioner including dedicated police contact and social media monitoring.

What did the court decide?

Investigation of Nischinda P.S. 141 of 2024 transferred to Cyber Crime Police Station, Calcutta; records transferred; blocking of objectionable posts; deployment of constable Salma Khatun for safety.

Xxxx Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

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Sl.No. 5 22.11.2024 Court No. 35 G.S.Das

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WPA 23960 of 2024

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XXX -VsThe State of West Bengal & Ors.

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Mr. Moyukh Mukherjee Ms. Puja Sonkar

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… for the Petitioner

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Mr. Shibaji Kumar Das Ms. Deblina De …. For the respondent no.8

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Mr. Suman Sengupta, Sr. Govt. Adv. … for the State-respondent Mr. Mrityunjay Chatterjee Mr. Debapriya Majumder Ms. Suchismita Chakraborty Mr. Arindam Pal

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… for the respondent

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The petitioner earlier was harassed by the accused persons and other unknown people pursuant to which Nischinda P.S. FIR No. 48 of 2024 dated 03.05.2024 under Sections 354A/354D/506/507/509 of the IPC and

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Section 67 of the IT Act & Section 3 of Indecent Representation of Women (Prohibition) Act, 1986 along with the

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relevant provisions of the Immoral

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Trafficking (Prevention), Act 1956, was registered for investigation.

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After completion of investigation,

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the police authorities submitted charge-

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sheet before the learned jurisdictional

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court.

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Learned advocate appearing for

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the petitioner, is presently, aggrieved by the fact that pursuant to the accused persons being granted bail, there has been again indecent Facebook post and also unknown missed calls with indecent proposals.

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It is also complained that in spite of the case pending, there has been persuasion to vilify the petitioner at the instance of certain persons which may be the accused and/or others.

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The police authorities have

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registered a second case being Nischinda P.S. 141 of 2024 dated 24.10.2024 under sections 75(2)/79/356(2)/3(5) of the BNS and commenced investigation.

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In view of the second case, which

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has been registered very recently for the accused persons who have shown their courage to repeat the offence in spite of the charge-sheet being submitted in the first case, I am of the opinion that the core of the issue and the depth to which the investigation needs to be carried out,

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may not be possible with the existing infrastructure of the local police station within the jurisdiction of the Howrah City Police.

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Having regard to the same, I

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direct the investigation of Nischinda P.S. Case No. 141 of 2024 dated 24.10.2024

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to be transferred to the Cyber Crime Police Station, Lalbazar, Calcutta.

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Let, the present investigating

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agency transfer the records of the above mentioned case to the Cyber Crime Police Station, Lalbazar Calcutta.

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However, so far as the protection

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of the petitioner is concerned, it has been contended in the report that one lady police constable has been deployed by the concerned police station. The name of the lady police personnel is Salma Khatun having identified number LC3202. The concerned lady constable will communicate

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with the petitioner over phone, according to the requirement of the petitioner, regarding her safety and security within the jurisdiction of Nischinda P.S..

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If there are any social media

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objectionable post(s) existing, which could not be blocked and/or are being uploaded, the Cyber Crime Police Station, Calcutta would take steps for removing and/or

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blocking the same and include within its

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ambit as a part of the investigation.

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Mr. Chatterjee, ld. advocate,

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appears for the respondent no.7.

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Mr. Das, learned advocate,

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appears for the respondent no.8.

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With the aforesaid observations,

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WPA 23960 of 2024 is disposed of.

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Report so submitted be kept with

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the record.

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Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

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(Tirthankar Ghosh, J.)

Xxxx v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Xxxx v. State of West Bengal and Ors.

Case brief

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What did the court decide?

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