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2026 DAILYLAW 30859 (CAL)

BADIRUDDIN v. STATE OF WEST BENGAL AND ORS.

WPA/11268/2026 · 2026-07-27

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

27.07.2026 Sl. No. 89 Ct No. 5 SG WPA 11268 of 2026 Badruddin Vs State of West Bengal & Ors. Mr. Omar Faruk Gazi, Ms. Preti Kar Rahman. …for the petitioner Mr. Suryaneel Das, ld. AGP Ms. Anita Kundu, Ms. Sumita Sarkar. …for the State 1. In terms of the order dated 23rd June, 2026 a communication dated 15th July, 2026 of In-Charge, Kumedpur Police Out Post, Harischandrapur Police Station, Malda is filed today and same is taken on record. Copy of the said communication dated 15th July, 2026 is made over to the learned advocate representing the petitioner. 2. It is disclosed in the aforesaid communication that a case has been registered being Harischandrapur Police Station Case No. 171/2024 dated 8th March, 2024 under certain provisions of IPC. As per notice under Section 41A Cr.P.C. accused persons appeared before the then investigating officer. Seven accused persons surrendered before court below and were released on bail. It is stated in the communication present investigating officer collected specimen fingerprints of both hands of accused and it was forwarded to the Director Finger Print Bureau, 2 CID, Bhawani Bhawan for scientific examination and the report is awaited. 3. Taking note of the contents of the communication dated 15th July, 2026 it appears that certain steps have been taken by the investigating agency. If petitioner is dissatisfied with the steps taken by the concerned police authorities in investigating aforesaid criminal prosecution, approach needs to be made within the statutory framework as decided by the Hon’ble Supreme Court reported in 2026 SCC OnLine SC 798 (Sujal Vishwas Attavar v. State of Maharashtra). 4. Considering availability of alternative remedy no further order need be passed in this writ petition. Leave is granted to the petitioner to approach jurisdictional magistrate under Section 175(3) BNSS, 2023, if so advised. 5. Accordingly, writ petition stands disposed of. 6. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)