Pallab Das Vs State of West Bengal and Anr. — Child Sexual Offences (POCSO) | Calcutta HC (2026)

Pallab Das Vs State of West Bengal and Anr. — Child Sexual Offences (POCSO) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Bail applications (CRM (M) 116 of 2026 and CRM (M) 191 of 2026) not decided on merits. Interim directions issued to the ADG, CID and the Joint Commissioner of Police (Crime), Calcutta to assess SOP non-adherence, file maintenance, trial delays and shortcomings and to submit a report; all matters including CRM (M) 1942 of 2025 listed on 15.05.2026 under the same heading.

Issue for consideration

Whether the SOP prescribed for cases relating to POCSO and other Special Acts is being diligently followed/adhered to by the police authorities.

Court's answer

So far as the Bengal Police is concerned, at least one district has emerged where it is clear that the SOP or any office order is not being strictly adhered to.

Ratio / Principle

Whether the SOP for POCSO and other Special Acts cases is diligently followed is to be assessed by the Superior Officers.

Key takeaways

The ADG, CID and the Joint Commissioner of Police (Crime), Calcutta are directed to comprehensively assess in which cases the SOPs are not adhered to, the maintenance of case files, the progress of cases, the reasons for delay in trial and the shortcomings for not progressing the trial.ratio¶17
A report on the assessment is to be submitted by the ADG, CID and the Joint Commissioner of Police (Crime), Calcutta on the next date fixed by the Court.ratio¶18

Detailed headnote1 paragraphs

Bail applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 / Section 439 of the Code of Criminal Procedure, 1973 (CRM (M) 116 of 2026 and CRM (M) 191 of 2026). The Court noted reports of the Home Secretary and the Commissioner of Police showing existence of an SOP for cases relating to POCSO and other Special Acts, observed that diligent following of the SOP is to be assessed by Superior Officers, and recorded that at least one district of the Bengal Police is clearly not strictly adhering to the SOP or office orders. Directing comprehensive assessment by the ADG, CID and the Joint Commissioner of Police (Crime), Calcutta of cases where SOPs are not adhered to, file maintenance, reasons for delay in trial and shortcomings in progressing trials, the Court called for a report by the next date and listed all matters, including connected CRM (M) 1942 of 2025 (concerning 24 Parganas North, with prior directions of 27.03.2026 to the SP, Barasat Police District and the Commissioner of Police, Barrackpore), on 15.05.2026.

07.04.2026 Court No.35. D/L. 1 & 2 Kausik

CRM (M) 116 of 2026

In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973. And

In the matter of : Astik Paliwar @ Astik Paliwal

……Petitioner.

With

CRM (M) 191 of 2026

In the matter of : Pallab Das

……Petitioner.

Mr. Debasish Sutradhar

…for the petitioner (in CRM(M) 191 of 2026).

Mr. Debasish Roy, Ld. PP Mr. Sanjay Bardhan

……for the State (in CRM(M) 116 of 2026).

The reports submitted by the Home Secretary and the Commissioner of Police reflect that there is SOP for cases relating to POCSO and other Special Acts. Whether the said SOP is diligently followed is to be assessed by the Superior Officers. There is another matter being CRM (M) 1942 of 2025. The same is relating to 24 Parganas North wherein directions were passed upon the Superintendent of Police, Barasat Police District and the Commissioner of Police, Barrackpore.

2

So far as the Bengal Police is concerned, at least, one district has come wherein it is clear that the SOP or any office order is not being strictly adhered to. To that effect, there was a direction on 27.03.2026 in CRM (M) 1942 of 2025 and the matter was directed to appear on 19.06.2026.

Presently, the police authorities are engaged otherwise, as such, let all these matters including CRM (M) 1942 of 2025 be listed on 15.05.2026. In the meantime, the ADG, CID as well as the Joint Commissioner of Police (Crime), Calcutta will comprehensively assess in which cases the SOPs is not adhered to and or file maintained so far as the progress of the case is concerned, the reasons for such delay in trial and what are the shortcomings for not progressing the trial.

Let a report be submitted by the aforesaid authorities on the next date fixed by this Court.

Matter be listed under the same heading as directed above on 15.05.2026.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)