Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 30919 (CAL)

ARCHANA DAS v. STATE OF WEST BENGAL AND ORS.

WPA/10944/2026 · 2026-07-27

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

85 Ranajit (AR.CT) 27.07.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA CONsTITUTIONAL WRIT JURIsdICTION (AppELLATE sIdE) W.P.A. NO 10944 OF 2026 Archana Das -vs- The State of West Bengal & Ors. Mr. Biswajit Tiwari ….for the petitioner. Mr. Suryaneel Das, Ms. Anita Kundu, Mr. Bhaskar Bhattacharya ….for the State. 1. By presenting this writ petition, inter alia, petitioner has prayed for direction upon the concerned police authorities to take steps based on representation dated 16th January, 2026. 2. It is submitted that there is inaction on the part of the concerned police authorities in taking steps considering such representation dated 16th January, 2026. 3. Mr. Das, learned Additional Government Pleader representing the State respondents has filed a communication dated 19th July, 2026 of Inspector-in- Charge, English Bazar Police Station and same is taken on record. Copy of the communication dated 19th July, 2026 is made over to the learned advocate representing the petitioner. 4. It is disclosed in the communication dated 19th July, 2026 that on the basis of previous complaint of the petitioner a criminal prosecution being English Bazar 2 Police Station Case No.916/25 dated 6th May, 2025 was started under certain provisions of BNS, 2023. On completion of investigation in connection with aforesaid criminal prosecution, a charge-sheet being No.889/25 dated 30th June, 2025 was filed before the jurisdictional Magistrate. 5. In view of filing of charge-sheet dated 30th June, 2025, no further order need be passed in English Bazar Police Station Case No.916/25 dated 6th May, 2025. 6. However, if petitioner is aggrieved by inaction on the part of the concerned police authorities in taking steps based on representation dated 16th January, 2026, in the event petitioner needs to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023. 7. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court, reported in (2007) 6 SCC 171 (Aleque Padamsee & Ors. –vs. Union of India & Ors.). 8. In view of availability of alternative remedy, writ petition is not entertained and stands dismissed. 9. However, this order shall not preclude the petitioner to approach the jurisdictional Magistrate, in pursuit of remedy. 10. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)