Court No. 10 (1629) 23.07.2026 (JPD 5) (S. Banerjee) Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side WPA 1116 of 2026 Bina Das Vs. The State of West Bengal & Ors. Mr. Souri Ghosal Mr. Suraj Bhattacharjee … for the petitioner Mr. Arijit Ghosh Ms. Rajni Singh Dev … for the State Mr. Somraj Paul Mr. Dipayan Nandi Ms. Jharna Barman … for the respondent nos. 5 to 8 This application under Article 226 of the Constitution of India is at the instance of the wife of the private-respondent no. 5 alleging that in spite of a specific complaint lodged by the petitioner, no steps have been taken by the police authorities to register a First Information Report though the complaint discloses cognizable offence. Learned advocate appearing for the respondent nos. 5 to 8 submits that the 2 wife of the respondent no. 5 has filed this writ petition in order to create pressure upon the in-laws of the petitioner to give custody of the minor daughter to the petitioner. Learned advocate appearing for the respondent nos. 5 to 8 further submits that the marriage between the petitioner and the 5th respondent was solemnized on May 30, 2016. The minor daughter was born in the month of March, 2017. The petitioner lodged a complaint on June 25, 2025 against the private-respondents and on the basis of such complaint Phansidewa Police Station case no. 286 of 2025 dated June 25, 2025 under Section 109 BNS has been registered. He submits that the 5th respondent was subsequently enlarged on bail by an order passed by the Court. He submits that the charge-sheet in the aforesaid case has already been filed under sections 85 and 109 of BNS. Learned advocate appearing for the private- respondents further submits that thereafter the petitioner lodged another complaint vide letter dated June 23, 2026 alleging that the 3 brother of the 5th respondent, i.e., the 6th respondent herein, attempted to commit rape upon the petitioner herein on December 4, 2025. He submits that there was a delay of more than seven months in lodging a complaint with the police authorities in respect of an incident that allegedly took place in the early part of December, 2025. He further submits that a subsequent complaint was also lodged with the police station vide letter dated June 29, 2026 alleging the same incident which allegedly took place on December 4, 2025. He further submits that in the meantime the FIR has already been registered on July 17, 2026. Mr. Ghosh, learned Senior Government Advocate appearing for the State submits that the FIR has already been registered. He submits that several facts have been suppressed in this writ petition. In reply the learned advocate for the petitioner denies the allegation of the private-respondentsthat the instant writ petition has been filed only to create 4 pressure upon the private-respondents to get custody of the minor child. Since the FIR has already been registered, this Court is not inclined to accept the contention of the petitioner that there was inaction on the part of the police authorities in taking steps pursuant to a complaint lodged by the petitioner. This writ petition accordingly stands disposed of. It will be open to the respective parties to take steps in accordance with law. (Hiranmay Bhattacharyya, J.)