116. 116. 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. 6974 OF 2026 JASWANT SINGH VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Sanjay Banerjee, Adv. Mr. Rohit Kundu, Adv. …For the Petitioner Mr. Suryaneel Das, AGP Ms. Suchitra Sinha Chatterjee, Adv. Ms. Sumita Sarkar, Adv. …For the State 1. Matter is heard in presence of the learned advocates representing the petitioner and State respondents. 2. Grievance of the petitioner is failure on the part of the concerned police authority in taking steps in terms of relevant provisions of the West Bengal Protection of Interest of Depositors in Financial Establishments Act, 2013 (hereinafter referred to as “said Act of 2013”) while taking cognizance of offence based on the complaint lodged by the petitioner on 26th June, 2023. 3. Mr. Sanjay Banerjee, learned advocate representing the petitioner submits that Director, Directorate of Economic Offence (DEO), West Bengal has a role to play in the investigation which was required to be carried out based on the complaint lodged by the petitioner on 26th June, 2023 as contemplated under the said Act of 2013. 4. Mr. Suryaneel Das, learned Additional Government Pleader representing the State respondents has filed a communication of the Director, Directorate of Economic Offences, West Bengal dated 15th July, 2026 and same is taken on record. Copy of the said [2] communication dated 15th July, 2026 is made over to the learned advocate representing the petitioner. 5. It is disclosed in the said communication dated 15th July, 2026 that based on the complaint lodged by the petitioner in the month of June, 2023 a criminal prosecution being Bizpur Police Station Case No.210 of 2023 dated 26th July, 2023 under Sections 420/ 406/ 34 of Indian Penal Code was registered. 6. On completing investigation in connection with the aforesaid criminal prosecution, charge-sheet being Bizpur Charge-sheet no.49 of 2024 dated 31st March, 2024 was filed before the jurisdictional Magistrate against two persons and thereafter petitioner being the defacto complainant lodged complaint before the DEO, West Bengal on 12th December, 2025. 7. Therefore, it appears that when fresh complaint was lodged before the DEO, West Bengal on 12th December, 2025 by that time charge-sheet dated 31st March, 2024 was already filed and the jurisdictional Magistrate must have taken cognizance of the offence based on said charge-sheet dated 31st March, 2024. 8. Court is considering the present writ petition under Article 226 of the Constitution of India; it is neither an application under Section 482 of Cr.P.C./ 528 of BNSS, 2023 nor an application under Article 227 of the Constitution of India. 9. Taking note of the contents of the said communication dated 15th July, 2026, this Court finds that charge- sheet dated 31st March, 2024 was filed in 2024 and jurisdictional Magistrate had intervened by taking cognizance of offence based on the charge-sheet [3] whereas fresh complaint was lodged by the petitioner under the said Act of 2013 on 12th December, 2025. 10. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court reported in 2024 SCC OnLine SC 5761 (Neeta Singh and Others vs. State of Uttar Pradesh and Others). 11. Therefore, present writ petition is found to be not maintainable and same stands dismissed. 12. However, this order shall not preclude the petitioner to approach appropriate forum in pursuit of remedy. 13. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (SAUGATA BHATTACHARYYA, J.)