160 1199..0088..22002266 Ct. No. 05 adeb WPA 7832 of 2023 IA No. CAN 1 of 2023, CAN 3 of 2023 UpHealth Holdings, Inc Vs. The State of West Bengal & Ors. Mr. Vijay Purohit ….for the petitioner Mr. Piush Chaturvedi Mr. S. Chakraborty …for the State Mr. Debashis Karmakar Mr. Satyam Ojha …for the respondent nos. 5 & 6 Mr. Ayan Poddar Mr. Soumen MOhanty Mr. Syed Kishwar Mr. Ayaan Ahmed …for the respondent nos. 7 to 9 1. In terms of order dated 23rd July, 2026 report dated 14th August, 2026 of Inspector-in- Charge, Technocity Police Station, Bidhannagar Police Commissionerate is filed today and same is taken on record. Copy of said report dated 14th August, 2026 is made over to the learned advocate representing petitioner. 2. Mr. Chaturvedi, learned senior Government advocate represents State respondents and it is submitted in reference to contents of said report dated 14th August, 2026 that out of three criminal prosecutions which were initiated against petitioner in two criminal 2 prosecutions- i.e. Technocity Police Station Case No. 196 of 2022 final report dated 28th February, 2026 was filed before the jurisdictional Magistrate and Technocity Police Station Case No. 210 of 2022 dated 7th November, 2022 final report dated 31st January, 2026 was also filed before the jurisdictional Magistrate. 3. However, in Technocity Police Station Case No. 105 of 2023 dated 1st June, 2023 charge sheet was filed on 29th May, 2024. 4. It is also disclosed in the report that Court below has taken cognizance of offence after filing of charge sheet on 29th May, 2024 in Technocity Police Station Case No. 105 of 2023 dated 1st June, 2023. 5. Learned advocate represents petitioner on virtual mode and submits that issues concerning aforesaid criminal prosecutions are settled between the parties. Therefore, leave may be granted to approach appropriate forum for passing an order taking note of settlement reached between the parties. 6. Respondent nos. 7 to 9 are represented by learned advocate and it is submitted that petitioner may approach coordinate bench under Sections 482 Cr.P.C./528 BNSS, 2023 since writ petition after taking cognizance of 3 offence by the Court below is not maintainable. 7. Having considered the respective submissions made on behalf of parties and taking note of report dated 14th August, 2026 filed on behalf of State respondents it appears that out of aforesaid three criminal prosecutions two were culminated into filing of final report whereas in connection with Technocity Police Station Case No. 105 of 2023 dated 1st June, 2023 charge sheet was filed on 29th May, 2024 based on which Court below has taken cognizance of offence. 8. Once Court below takes cognizance of offence after filing of charge sheet writ petition under Article 226 of Constitution of India is not maintainable since order passed by Judicial forum has intervened the proceeding. In this regard reliance is placed on the judgment of Hon’ble Supreme Court reported in 2024 SCC OnLine SC 5761 (Neeta Singh & Ors. Vs. State of Uttar Pradesh & Ors.). 9. Hence, present writ petition is disposed of thereby granting liberty to the petitioner to approach appropriate forum in view of settlement made between the parties. 10. In view of order passed today applications, if any pending are also disposed of. 4 11. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)