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2026 DAILYLAW 30408 (CAL)

RUPANJALI DEY AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/15778/2026 · 2026-07-27

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

27.07.2026 Sl. No. 16 Ct No. 5 SG WPA 15778 of 2026 Smt. Rupanjali Dey & Ors. Vs The State of West Bengal & Ors. Mr. Dipanjan Chatterjee, Mr. Satadru Lahiri, Mr. Triptimoy Talukder, Ms. Sananda Bhattacharyya, Mr. Dibyendu Ghosh, Mr. Jyotirmoy Talukder. …for the petitioners Mr. Billwadal Bhattacharyya, ld. AAG Mr. Arkaprava Sen, Mr. Pijush Biswas. …for the State Mr. Sandipan Ganguly, Sr. Adv. Ms. Sucheta Mitra. …for respondent no. 7 Mr. Jaydip Kar, Sr. Adv. Ms. Sayanmita Auddya. …for the respondent nos. 6 & 8 1. Matter is heard in presence of the learned advocates representing the petitioners, State respondents and respondent nos. 5 to 10. 2. On perusal of the writ petition and the prayer couched therein, it appears a mandamus is sought for directing the concerned police authorities to register a separate case by drawing up FIR. There is prayer made for transferring the criminal prosecutions to other agencies being Karaya Police Station Case No. 297 of 2024 dated 23rd December, 2024 and Karaya Police Station Case No. 228 of 2024 dated 29th September, 2024. 2 3. It is submitted on behalf of State respondents and private respondents that in completing investigation in aforesaid two criminal prosecutions charge-sheets were filed and court below has taken cognizance of offence. 4. Since court below has taken cognizance of offence in connection with aforesaid two criminal prosecutions, writ petition at this stage is not maintainable since this Court is not considering application under Article 227 of the Constitution of India nor an application under Section 482 Cr.P.C/ 528 BNSS, 2023. Once judicial order intervenes in a proceeding, propriety of such order ought not to be taken into consideration in a writ petition. Therefore, writ petition in connection with Karaya Police Station Case No. 297 of 2024 dated 23rd December, 2024 and Karaya Police Station Case No. 228 of 2024 dated 29th September, 2024 is not maintainable. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court reported in 2024 SCC OnLine SC 5761 (Neeta Singh & Ors. vs. State of U.P. & Ors.). 5. However, attempt has been made to demonstrate before this Court that there is another issue based on which complaint was lodged but the same has not been transformed into an FIR. A mandamus is sought for thereby directing the concerned police authorities to take cognizance of such complaint and draw up FIR. There is an alternative remedy available to the petitioner under Section 175(3) BNSS, 2023 if complaint of the petitioner is not taken note of by drawing FIR. In this regard 3 reliance is placed on the judgment of the Hon’ble Supreme Court reported in 2026 SCC OnLine SC 798 (Sujal Vishwas Attavar v. State of Maharashtra). 6. Hence, present writ petition in view of availability of alternative remedy is not entertained and same stands dismissed. 7. However, this order shall not preclude the petitioner to approach 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.)