Calcutta High Court (Appellete Side)
Court At Barasat vs In Re : Bijoy Biswas on 25 September, 2025
25.09.2025
Item no.10
Court No.42
ss HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
C.R.M.(M) 1758 of 2025
In Re:- An application under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 corresponding to Section 439
of the Code of Criminal Procedure in connection with ST Case
No.04(02)/2024 arising out of Duttapukur Police Station Case
No.878 of 2023 dated 28.08.2023 under Section
376(2)(n)/120B/34 of the Indian Penal Code read with Section 6
of POCSO Act and Sections 9/10 of Child Marriage Act currently
pending before the Court of learned Special Judge, (POCSO)
Court at Barasat.
And
In Re : Bijoy Biswas
.... Petitioner
Mr. Sandip Chakraborty
Mr. Moyukh Mukherjee
Mr. Kaustav Das
Mr. Samrat Mondal
..... for the petitioner
Ms. Sukanya Bhattacharya
Mr. Parvej Anam
... for the State
1.Learned Advocate for the petitioner submits that service could not be effected upon the de facto complainant/ victim.
2. State is directed to serve a notice upon the de facto complainant/victim and file a service report on the next date. In the notice to be served by the State, it should be mentioned that the de facto complainant/victim has a right to be represented through a lawyer to be engaged by the Calcutta High Court Legal Services Committee for which no cost need be borne by the de facto complainant/victim. The notice should be in a language which the de facto complainant/victim can comprehend. 2
3. On the prayer of the learned advocate for the petitioner, leave is granted to move before the vacation Bench.
4. List this matter before the vacation Bench.
(Bivas Pattanayak, J.)