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2026 DAILYLAW 28126 (CAL)

SANDHAYA DAS AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/15354/2026 · 2026-07-14

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

36 Rkd 14.07.2026 Ct.05 W.P.A. 15354 of 2026 Sandhaya Das & Ors. -vs- The State of West Bengal & Ors. Ms. Hasi Jana, Mr. Raj Kumar Sain ….for the petitioners. Mr. Akash Ganguly ….for the respondent nos.4 & 5. Mr. Rajdeep Majumder, Mr. Prasanta Naskar ….for the State. 1. Affidavit-of-service filed on behalf of the petitioners is taken on record. 2. By presenting this writ petition, inter alia, prayer is made for a direction upon the concerned police authorities to take steps in connection with Dantan Police Station Case No.182/2026 dated 1st June, 2026 which was initiated based on the complaint lodged by the petitioner. It is also submitted that accused persons are required to be apprehended. 3. Learned advocate representing the respondent nos.4 & 5 and Mr. Mazumder, learned Additional Advocate General representing the State respondents have jointly submitted that on the date when FIR was drawn up based on the complaint lodged by the petitioners, that was on 1st June, 2026, accused persons were in custody and as such there is no question of taking accused persons into the custody as prayed for in this writ petition. 4. It is further submitted that at present respondent no.4 being one of the accused persons is enlarged on bail. 5. Considering the case made out in this writ petition and submissions made on behalf of the respective parties it appears today prayer of the petitioners is for issuance of direction upon the concerned police authorities to take necessary steps in connection with aforesaid criminal prosecution. 6. If petitioners are dissatisfied with the actions taken by the concerned police authorities in connection with aforesaid criminal prosecution in that event petitioners are required to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023. 7. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court, reported in 2026 SCC Online SC 798 (Sujal Vishwas Attavar & Anr. v. State of Maharashtra & Ors.). 8. The writ petition is not entertained and stands 2 dismissed. 9. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 3