Form No.J(2)

Serial No.45

Sc

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

Present :

The Hon’ble Justice Aniruddha Roy

WPA 1777 OF 2025

Smt. Surabhi Pradhan

Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Deborshi Dhar, Adv.

For the Respondents/

State : Ms. Bedashruti Bose, Adv.

Mr. Sandip Guha Roy, Adv.

Heard on : September 3, 2025 Judgment on : September 3, 2025

1. Affidav it-of-service, filed in Court today, is taken on record.

3. Mr. Sandip Guha Roy, learned Advocate led by Ms. Bedashruti Bose,

4. Alleging a cyber crime the petitioner has lodged a complaint before the jurisdictional police station. The petitioner alleges since then the police authority is inactive and adequate step has not been taken after receiving the complaint.

5. Annexure-P1 at page 16 to the writ petition is the FIR registered by the jurisdictional police authority.

6. Learned State Advocate has submitted a Police Report dated August 30, 2025, issued by the Commissioner of Police, Siliguri Police Commissionerate enclosing several documents and records, the same is taken on record.

7. The FIR shows that, charges are already registered under the relevant provisions of the criminal law being Cyber Crime Police Station, Siliguri Police Commissionerate Case No. 64 of 2024 dated June 25, 2024. The report divulges further that notice under Section 41A of the Code of Criminal Procedure, 1973 corresponding to Section 3(5) BNSS has already been issued and the police authority has been moving with utmost expedition.

8. In view of the above, the jurisdictional police authority is directed to conduct the necessary inquiry and investigation as expeditiously as possible and to conclude the same within a period of two months from the date of communication of this order and then to submit charge-sheet, if it is necessary to be submitted in law, within two weeks from the date of conclusion of such investigation before the jurisdictional criminal court.

9. The jurisdictional criminal court in that event shall expedite the criminal trial so that a logical conclusion can come in accordance with law as expeditiously as possible.

10.It is made clear that this Court has not gone into the merits of the criminal charges alleged by the petitioner.

11.The police authority and the jurisdictional criminal court shall be free to proceed independently but in accordance with law.

12.Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

13.With the above observations and directions this writ petition, WPA 1777 of 2025 stands disposed of, without any order as to costs.

14.The parties shall act on the server copy of this order duly downloaded from the official website of this Court.