8 2222..0077..22002266 Ct. No. 05 adeb WPA 15927 of 2026 Malabika Bar Vs. The State of West Bengal & Ors. Ms. Ipsita Ghosh …for the petitioner Mr. Arindam Jana Mr. Yuvraj Chatterjee Mr. Saikat Guin Ms. Chandramouli Roy Chowdhury …for the respondent nos. 6 to 8 Mr. Samrat Mukherji Mr. Kashinath Bhattacharyya …for the State 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. Learned advocate representing petitioner submits that son of the petitioner left house and subsequently his body was recovered on 28th May, 2026. Taking note of such incident concerned police authority initiated criminal prosecution by registering FIR being Shyampur Police Station Case No. 279 of 2026 dated 27th May, 2026. However, grievance is expressed on behalf of the petitioner regarding manner of investigation which is being carried out by the investigating agency. 2 3. State respondents and respondent nos. 6 to 8 are represented by learned advocates. 4. From the case made out on behalf of the petitioner it appears that petitioner is dissatisfied with manner of investigation being carried out by the investigating agency. 5. It is decided by the Hon’ble Supreme court in Sujal Vishwas Attavar and Anr. Vs. State of Maharashtra and Ors. reported in 2026 SCC OnLine SC 798, in paragraph 7 that if party finds proper investigation is not being conducted in that event remedy lies within the statutory framework by approaching jurisdictional Magistrate under Section 175(3) BNSS, 2023. In this regard reliance is also placed on the judgment reported in (2008) 2 SCC 409 (Sakiri Vasu vs. State of Uttar Pradesh & Ors.). In paragraph 27 of Sakiri Vasu (supra) it was held Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation and for this purpose he can monitor the investigation to ensure that the investigation is done properly (though he cannot investigate himself). The High Court should discourage the practice of filing a writ petition or a petition under Section 482 Cr.P.C simply because a person has a grievance that his FIR 3 has not been registered by the police, or after being registered, proper investigation has not been done by the police. 6. In view of law laid down by the Hon’ble Supreme Court no relief can be granted to the petitioner and writ petition stands dismissed. 7. However, this order shall not preclude the petitioner to approach the jurisdictional Magistrate in pursuit of remedy. 8. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)