02 Rkd 24.07.2026 Ct.05 W.P.A. 16649 of 2026 Pratap Ghosh -vs- The State of West Bengal & Ors. Mr. Moyukh Mukherjee, Mr. Abhijit Singh, Ms. Sarmistha Basak ….for the petitioner. Mr. Pradip Paul, Mr. Sanjit Singh ….for the State. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Two divergent prayers are couched in this writ petition. It is contended that petitioner has prayed for direction upon the concerned investigating agency to add other rigorous sections and thereby taking forward the investigation to its logical conclusion and at the same time prayer is also made to transfer the investigation of Mohanpur Police Station Case No.69/26 dated 4th April, 2026 either to Detective Department (DD), Barrackpore Police Commissionerate or alternatively to Criminal Investigation Department (CID), West Bengal. 3. In support of such contention, reliance is placed on an order dated 3rd July, 2023 of a coordinate Bench passed on writ petition being WPA 9281 of 2023 (Amrita Ganguly v. The State of West Bengal & Ors.). According to the petitioner, order dated 3rd July, 2023 fortifies prayer of the petitioner for transferring investigation to CID. 4. Learned advocate representing the State respondents has filed a communication dated 17th July, 2026 of Officer-in-Charge, Mohanpur 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. Aforesaid two divergent prayers couched in this writ petition cannot be made together. In one hand petitioner has prayed for giving certain directions in connection with aforesaid criminal prosecution for taking forward the investigation by present investigating agency; on the contrary, prayer is also made for transferring investigation to CID or other independent investigating agency. 6. Situation is further exacerbated taking note of the prayer made in the application moved before the jurisdictional Magistrate, page 110 of the writ petition shows prayer was made seeking filing of progress report relating to the investigation being carried out by the concerned police authorities 2 and further steps were sought for to be taken by the concerned police authorities in continuing investigation. Therefore, no case was made out at that stage requiring transfer of investigation to CID. 7. Without parting with prayer for giving direction upon the present investigating agency for taking certain steps, present writ petition is filed seeking two separate prayers which cannot be considered together. 8. If petitioner is dissatisfied with the order passed by the jurisdictional Magistrate on an application made under relevant provisions of BNSS, in that event remedy is not preferring writ petition questioning order of jurisdictional Magistrate. 9. At the same time prayer for transferring investigation to CID or other independent agencies is not countenanced since it appears to be afterthought as petitioner failed to get order as prayed for in the application which was moved before the jurisdictional Magistrate. 10. Petitioner cannot approbate and reprobate with prayer by filing an application which was moved before the jurisdictional Magistrate and when petitioner was dissatisfied with the order passed 3 by the jurisdictional Magistrate with identical prayer and in addition thereto another prayer is couched in this writ petition seeking direction for transfer of investigation. 11. In view of aforesaid situation, order passed by the coordinate Bench on 3rd July, 2023 does not come in aid of the petitioner. 12. Hence, writ petition stands dismissed. 13. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.) 4