1 D/L 33 22.07.2026 Rohit,A.R.(Ct.) ct.no.5 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 16201 of 2026 Smt. Kakoli Guchait Versus The State of West Bengal & Ors. Mr. Mukteshwar Maity Mr. Lucky Patra Ms. Manika Sarkar …for the Petitioner Mr. Arka Bhattacharya Mr. Arghya Chatterjee …for the State 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Learned Advocate for the petitioner submits that after initiating a criminal prosecution being Domjur P.S. Case No. 158 of 2025 dated 08th March, 2025 no steps are being taken by the investigating agency to take forward said investigation towards logical conclusion. Prayer is made for completing investigation and to submit report before the jurisdictional Magistrate. 3. State respondents are represented by learned Advocate. 4. From the case made out on behalf of the petitioner it appears that after initiating 2 aforesaid criminal prosecution there is alleged inaction on the part of the concerned police authorities in seizing the vehicle and taking steps against the accused person. If according to the petitioner necessary steps are not being taken by the concerned police authorities while investigating Domjur P.S. Case No. 158 of 2025 in that event petitioner needs to approach the jurisdictional Magistrate under Section 175(3) BNSS, 2023. 5. 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 and Anr -Vs- State of Maharashtra and Others). 6. In paragraph 7 of Sujal Vishwas Attavar (supra) it was held that in the event parties are dissatisfied with the steps taken by the concerned investigating agency after registering FIR approach needs to be made within the statutory framework. 7. In aforesaid conspectus present writ petition is not interfered with and same stands dismissed. 8. However this order shall not preclude the petitioner to approach the jurisdictional Magistrate under Section 175(3) BNSS, 2023. 3 9. Parties to act on the Server copy of this order duly downloaded from the Official Website of this Hon’ble Court. 10. Urgent certified website copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities. (Saugata Bhattacharyya, J.)