2244.. 20.07.2026 ((D D//LL)) CCTT.. NNO O.. 0055 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 15578 OF 2026 ANIKET LAHIRI VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Sabyasachi Chatterjee, Adv. Mr. Tirupati Mukherjee, Adv. Mr. Rishabh Ahmed Khan, Adv. …For the Petitioner Mr. Chandra Sekhar Bag, Adv. Mr. Mainak Chaudhury, Adv. …For the State 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. By presenting this writ petition, inter alia, petitioner has prayed for transfer of the investigation in connection with Dasnagar P.S. Case No.2 of 2026 dated 3rd January, 2026 initiated under certain provisions of Bharatiya Nyaya Sanhita, 2023 to Central Bureau of Investigation (CBI) or in alternative, a Special Investigation Team (SIT) be formed which will investigate the case. 3. Mr. Chandra Sekhar Bag, learned advocate representing the State respondents has filed a communication dated 14th July, 2026 of Officer-in- Charge, Dasnagar Police Station, Howrah Police Commissionerate and same is taken on record. Copy of the said communication dated 14th July, 2026 is made over to the learned advocate representing the petitioner. [2] 4. It is disclosed in the said communication dated 14th July, 2026 that after registering FIR investigation is being carried out and respondent no.6 being the principal accused was arrested on 11th February, 2026. 5. Taking note of the prayer couched in the writ petition for transferring investigation to CBI, Court relies upon the judgment of the Hon’ble Supreme Court reported in (2002) 5 SCC 521 (Secretary, Minor Irrigation & Rural Engineering Services, U.P. and Others vs. Sahngoo Ram Arya and Another). 6. In paragraph 6 of Secretary, Minor Irrigation & Rural Engineering Services, U.P. (supra) it was decided that decision to direct an enquiry by CBI against a person can only be done if the High Court after considering the material on record comes to a conclusion that such material does disclose a prima facie case calling for an investigation by CBI or any other similar agency, and the same cannot be done as a matter of routine or merely because a party makes some allegations. 7. Today before this Court, no case is made out showing prima facie case exists requiring direction for transfer of investigation to CBI or any other similar agency. On the contrary, aforesaid communication dated 14th July, 2026 discloses steps taken by the concerned police authority in the said criminal prosecution. 8. If petitioner is not satisfied with the steps taken by the concerned police authority, in that event, petitioner is required to approach jurisdictional Magistrate under Section 175(3) of Bharatiya Nagarik Suraksha Sanhita, 2023. In this regard, reliance is [3] placed on the judgment of the Hon’ble Supreme Court reported in 2026 SCC OnLine SC 798 (Sujal Vishwas Attavar and another vs. State of Maharashtra and others). 9. Hence, no relief is granted to the petitioner and writ petition stands dismissed. 10. Urgent photostat certified copy of the order, if applied for, be given to the parties upon usual undertakings. (SAUGATA BHATTACHARYYA, J.)