AMITAVA DE BHOWMICK v. STATE OF WEST BENGAL AND ORS.
WPA/15195/2026 · 2026-07-20
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 28951 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 28951 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
07.
07. 20.07.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.)
In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 15195 OF 2026 AMITAVA DE BHOWMICK VS.
THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Pawan Kumar Gupta, Adv. Sk. Sahil Ahad, Adv. …For the Petitioner Mr. Partha Chakraborty, Adv. Mr. Palash Bapari, Adv. …For the State Mr. D. Banerjee, Adv. Mr. Prasenjit Saha, Adv. …For the Respondent Nos.8-10
1. Matter is taken up for consideration in presence of the learned advocates representing the petitioner, State respondents and respondent nos.8 to 10.
2. Petitioner by presenting this writ petition, inter alia, has prayed for direction upon the concerned police authority to take cognizance of the offence based on the complaint lodged.
3. If petitioner is dissatisfied with in-action on the part of the concerned police authority in taking steps after lodging complaint, in that event, petitioner needs to take steps first in terms of Section 173(4) BNSS, 2023 before the concerned police authority and thereafter under Section 30.
4. If in spite of approaching higher authorities under Sections 173(4) and 30 of BNSS, 2023 no steps are taken, in that event, petitioner needs to approach jurisdictional Magistrate under Section 175(3) BNSS for redressal of his grievance. In this regard, reliance is placed on the judgment of the Hon’ble Supreme
[2] Court reported in 2026 SCC OnLine SC 798 (Sujal Vishwas Attavar and another vs. State of Maharashtra and others).
5. Hence, no relief can be granted in this writ petition and same stands dismissed.
6. However, this order shall not preclude the petitioner to approach appropriate authority in pursuit of remedy.
7. Parties to act on the server copy of this order duly downloaded from the official website of this court.
(SAUGATA BHATTACHARYYA, J.)