1 D/L 35 22.07.2026 Rohit,A.R.(Ct.) ct.no.5 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 16205 of 2026 Sumitra Ghosh Chakraborty Versus The State of West Bengal & Ors. Mr. Niladri Sekhar Ghosh Mr. Goutam Malik …for the Petitioner Mr. Arka Bhattacharya …for the State Mr. Kalyan Kumar Mallick Md. Sadeqin …for the Proforma Def No. 7 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Learned Advocate representing the petitioner submits that husband of the petitioner was taken to police station without appropriate notice in connection with a criminal prosecution which was initiated at the instance of lodging complaint by mother of the petitioner. 3. Petitioner by lodging one complaint dated 25th April, 2026 prayed for initiation of criminal prosecution by drawing up an FIR. Prayer is also made in the writ petition for issuing mandamus directing the higher police officials 2 to initiate disciplinary proceedings against the errant police officials for harassing petitioner’s husband. 4. State respondents are represented by learned Advocate who has disputed the submission made on behalf of the petitioner. 5. It is submitted that mother of the petitioner lodged a complaint based on which an FIR was drawn up being Chakdah Police Station Case No. 549 of 2026. 6. Aforesaid criminal prosecution was initiated against the petitioner and her husband and in connection therewith notice under Section 35(3) was issued but husband of the petitioner refused to accept notice. Consequently concerned police authority had to take certain steps. 7. On perusal of the complaint dated 25th April, 2026 it is found that request was made to the concerned police authorities for registering an FIR taking note of the contents of the said complaint dated 25th April, 2026. 8. If petitioner is aggrieved by inaction on the part of the concerned police authorities in registering FIR in that event petitioner needs to approach jurisdictional Magistrate under Section 175(3) BNSS, 2023. 3 9. In this regard reliance is placed on the judgment of the Hon’ble Supreme Court reported in (2007) 6 SCC 171 (Aleque Padamsee And Others-Vs- Union of India And Others). 10. However this order shall not preclude the concerned police authorities to make endeavour for completing investigation in connection with Chakdah Police Station Case No. 549 of 2026 dated 14th April, 2026 initiated against the petitioner and her husband. 11. With the aforesaid observation writ petition stands disposed of. 12. Urgent certified website copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities. (Saugata Bhattacharyya, J.)