05 Rkd 20.07.2026 Ct.05 W.P.A. 14945 of 2026 Nurangina Bibi -vs- The State of West Bengal & Ors. Mr. Shahan shah, Mr. Sirajul Haque Mondal ….for the petitioner. Mr. Partha Sarathi Basu, Mr. Saikat Dey ….for the State. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Petitioner has expressed grievance in connection with investigation being carried out by concerned police authorities in Nodakhali Police Station Case No.142/26 dated 29th March, 2026 under certain provisions of BNS, 2023. 3. It is stated that some accused persons are not taken into custody and they are threatening petitioner. Petitioner prays for direction upon the concerned police authorities to arrest those accused persons. 4. Learned advocate representing the State respondents has filed a communication dated 17th July, 2026 of Inspector-in-Charge, Nodakhali Police Station and same is taken on record. Copy of the communication dated 17th July, 2026 is made over to the learned advocate representing the petitioner. 5. Since police authority is investigating aforesaid criminal prosecution which does not satisfy petitioner, in that 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 2 applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.) 3