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2026 DAILYLAW 28940 (CAL)

RAM CHANDRA BISWAS v. STATE OF WEST BENGAL AND ORS.

WPA/15191/2026 · 2026-07-20

Saugata Bhattacharyya

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

06 Rkd 20.07.2026 Ct.05 W.P.A. 15191 of 2026 Ram Chandra Biswas -vs- The State of West Bengal & Ors. Mr. Manas Kumar Das ….for the petitioner. Mr. Amrita Lal Dhar, Mr. Parthasarathi Boyal ….for the State. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Learned advocate representing the petitioner submits that there is inaction on the part of concerned police authorities in taking steps in connection with Bhatpara Police Station Case No.149/26 dated 5th May, 2026. Petitioner prays for direction upon the concerned police authorities to take steps for expediting the investigation. 3. Learned advocate representing the State respondents has filed a communication dated 15th July, 2026 of Inspector-in-Charge, Bhatpara Police Station and same is taken on record. Copy of the communication dated 15th July, 2026 is made over to the learned advocate representing the petitioner. 4. In the communication filed on behalf of the State respondents steps taken in connection with investigation being carried out in aforesaid criminal prosecution are disclosed. 5. If in spite of steps taken by the concerned police authority petitioner is not satisfied, in the event petitioner is required to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023. 6. 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.) 7. It is succinctly decided in paragraph 7 of Sujal Vishwas Attavar (supra) that after registering FIR if proper investigation is not being carried out then remedy does not ordinarily lie in invoking writ jurisdiction in the first instance but party needs to approach under the statutory framework unless of course urgency of the circumstances warrant otherwise. 8. Hence, present writ petition is not entertained and same stands dismissed. 9. However, this order shall not preclude the petitioner to approach appropriate forum in pursuit of remedy. 10. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual 2 undertakings. (Saugata Bhattacharyya, J.) 3