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2026 DAILYLAW 28898 (CAL)

SONALI SHIT SOREN AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/15552/2026 · 2026-07-20

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16 2200..0077..22002266 Ct. No. 05 adeb WPA 15552 of 2026 Sonali Shit Soren & Ors. Vs. The State of West Bengal & Ors. Mr. Kamalesh Bhattacharya Mr. Aninda Bhattacharya …for the petitioners Ms. Reshmi Ghosh Mr. Amalendu BIkash Dutta …for the State 1. Affidavit of service filed on behalf of the petitioners is taken on record. 2. Petitioners being the headmistress and administrator of Government aided school have approached this Court with the present writ petition, inter alia, seeking direction upon the concerned police authorities to initiate investigation by registering FIR. 3. Learned advocate representing State respondents has filed a communication dated 17th July, 2026 of Inspector-in-Charge, Salboni Police Station, Paschim Medinipur and same is taken on record. Copy of the said communication dated 17th July, 2026 is made 2 over to the learned advocate representing petitioners. 4. It is disclosed in the communication that on receipt of complaint of the petitioners on 25th June, 2026 one GD Entry was made being No. 740 dated 25th June, 2026 by the concerned police authority. 5. However, from the submissions made on behalf of the petitioners it appears that mere making GD Entry is not sufficient but the police authorities are required to take stern action taking cognizance of the complaint lodged by the petitioners. 6. It is trite that in the event FIR is not registered on alleged inaction on the part of the concerned police authorities, parties are required to approach jurisdictional Magistrate under Section 175(3) BNSS 2023. In this regard reliance is placed on the judgment of Hon’ble Supreme Court reported in (2007) 6 SCC 171 (Aleque Padamsee and Others vs. Union of India & Others). Reliance is also placed on the judgment of Hon’ble Supreme Court reported in 2026 SCC OnLine SC 798 (Sujal Vishwas Attavar and Anr. Vs. State of Maharashtra and Ors.). In paragraph 7 of Sujal Vishwas Attavar (supra) it was 3 succinctly decided by the Hon’ble Supreme Court that after registering FIR if parties are not satisfied with the steps taken by the concerned police authorities while investigating criminal prosecution in that event approach has to be made within the statutory framework. 7. Hence, no relief can be granted in this writ petition in view of availability of alternative remedy. 8. Writ petition stands dismissed. 9. However, this order shall not preclude the petitioners to approach jurisdictional Magistrate in pursuit of remedy. 10. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)