Extracted from the PDF above. The PDF is authoritative.
08. 24.07.2026. Court No.05.
(Pritam)
WPA 16676 of 2026.
Arka Chatterjee -Vs.- State of West Bengal & Ors.
Mr. Sayan Banerjee, Mr. Rajib Sadhukhan.
......for the petitioner.
Mr. Bhabani Prasad Chakraborty, Ms. Aparajita Mitra.
......for the State.
1. Affidavit-of-service filed on behalf of the petitioner is taken on record.
2. Prayer is made for issuance of mandamus thereby directing investigating agency to take certain steps for expeditious completion of investigation of Nagerbazar Police Station Case No.301/2025 dated 21st December,
2025. It is also prayed for to give direction upon the concerned police authorities to transfer the investigation to Criminal Investigation Department (CID), West Bengal.
3. From the submissions made on behalf of the petitioner and State respondents, it appears that based on complaint lodged, aforesaid criminal prosecution has commenced. If petitioner has grievance with regard to manner of investigation being carried out by the investigating agency in that event petitioner needs to approach jurisdictional Magistrate under Section
2 175(3) of BNSS, 2023. In this regard reliance is placed on the judgment of Hon’ble Supreme Court reported in 2026 SCC OnLine SC 798 (Sujal Vishwas Attavar & Anr. vs. State of Maharashtra & Ors.). In paragraph 7 of Sujal Vishwas Attavar (supra), it was decided after registration of FIR, if a party is dissatisfied with the investigation being carried out in that event approach has to be made within the statutory framework.
4. Hence, present writ petition is not interfered with and same stands dismissed.
5. However, this order shall not preclude the petitioner to approach jurisdictional Magistrate in pursuit of remedy.
6. At this stage of investigation, prayer for transfer of investigation to other agencies is also refused.
7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Saugata Bhattacharyya, J.)