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2026 Supreme(Online)(Cal) 3473

IN THE HIGH COURT AT CALCUTTA
....... – Appellant
Versus
The State of West Bengal & Ors. – Respondent
W.P.A. 15042 of 2026



Advocates:
For the Appellants/Petitioners: Ranadev Sengupta, Akash Ganguly, Amaan Deep Gupta
For the Respondents: Suryaneel Das, Souvik Nandy, Dyutimoy Paul

The court emphasized the necessity of apprehending accused persons to seize electronic devices containing obscene material to prevent further dissemination and protect the victim's dignity and privacy.

Headnote:The petitioner sought directions for the seizure of electronic devices from accused persons in connection with a criminal prosecution under various sections of the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act. It was contended that obscene photographs of the petitioner were stored on these devices, necessitating urgent seizure to protect dignity and privacy. The court examined the communication from the Inspector-in-Charge of Mogra Police Station reporting the seizure of a storage device from the complainant and ongoing steps for analysis of digital evidence. The primary issue was whether immediate steps were necessary to apprehend the accused to prevent further dissemination of obnoxious data. Concerned police authorities are directed to continue with their endeavour to apprehend respondent nos.6 & 7 and to make seizure of devices so obnoxious data stored therein shall not be further disseminated.

Table of Content
1. initiation of criminal proceedings and collection of digital evidence. (Para 1 , 2 , 3 , 4 , 5)
2. necessity of apprehending suspects to secure digital evidence and prevent data leakage. (Para 6 , 7 , 8)
3. adjournment for compliance report from police authorities. (Para 9 , 10)

1. Affidavit-of-service filed on behalf of the petitioner is taken on record.

2. Mr. Sengupta, learned advocate representing the petitioner submits that in spite of initiating a criminal prosecution being Mogra Police Station Case No.346 of 2026 under Sections 64((1), 66,69, 74, 75(2), 79, 115(2), 117(2), 124, 127(2), 109(1), 308(2), 351((2), 351(3), 316(2), 318(3), 61(2), 3(5) of BNS, 2023 read with Sections 66E /72 of IT Act against respondent nos. 6 & 7, further steps are required to be taken by the concerned police authorities to seize electronic devices lying with the accused persons containing obscene photographs of the petitioner in order to protect dignity and privacy of the petitioner.

3. Mr. Das, learned Additional Government Pleader representing the State respondents has filed a communicated dated 6th July, 2026 of Inspector-in-Charge, Mogra Police Station and same is taken on record. Copy of the communication dated 6th July, 2026 is made over to the learned advocate representing the petitioner.

4. It is disclosed in the communication dated 6th July, 2026 that one pen drive/storage device is seized from the petitioner being complainant and it is believed that certain materials are stored therein.

5. Steps are being taken for examination and analysis of electronic evidence in accordance with the provisions governing collection and preservation of digital evidence.

6. Having considered the respective submissions made on behalf of the parties and taking note of the contents of the communication dated 6th July, 2026, it appears that accused persons being respondent nos.6 & 7 are required to be apprehended for seizure of electronic devices lying with them so that data stored therein cannot be shared with others.

7. Communication dated 6th July, 2026 discloses steps taken by the concerned police authorities for apprehending respondent nos. 6 & 7 but fact remains respondent nos. 6 & 7 are yet to be apprehended.

8. Concerned police authorities are directed to continue with their endeavour to apprehend respondent nos.6 & 7 and to make seizure of devices so obnoxious data stored therein shall not be further disseminated.

9. Hearing of this matter stands adjourned.

10. List the matter under the same heading for further consideration on 11th August, 2026 when Inspector-in-Charge, Mogra Police Station shall file further report disclosing the steps taken pursuant to the order passed by this Court today.

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