SK. MOFIJUL ISLAM v. THE STATE OF WEST BENGAL AND ORS.
WPA/17369/2026 · 2026-07-29
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 31191 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 31191 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
41 2299..0077..22002266 Ct. No. 05
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WPA 17369 of 2026
Sk. Mofijul Islam Vs. The State of West Bengal & Ors. Mr. Uday Sankar Chattopadhyay Ms. Rajashree Tah Ms. Trisha Rakshit Ms. Aishwarya Datta Ms. Bidisha Chakraborty Ms. Sadia Parveen
…for the petitioner Mr. Anirban Das Mr. Sudipta Ghosh
…for the State
1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. It is contended on behalf of the petitioner that investigation is continuing in snail’s pace requiring transfer of investigation to Criminal Investigation Department (CID), West Bengal. It is also submitted that based on complaint lodged no FIR was registered compelling the petitioner to approach jurisdictional Magistrate under Section 175(3) BNSS 2023 and an order was passed by learned ACJM, Arambagh on 18th May, 2026 directing the concerned police authorities to treat the petition as FIR and take steps. 3. According to the petitioner though FIR was drawn up being Arambagh P.S. Case No. 212 of 2026 dated 22nd May, 2026 under certain provisions of BNS but no progress is made in
2 the investigation and as such prayer is made for transferring case to CID. 4. State respondents are represented by learned advocate who has filed two communications one dated 26th July, 2026 of Inspector-in- Charge, Arambagh Police Station and another is dated 27th July, 2026 of Officer-in-Charge, Khanakul Police Station. Copies of such communications be made over to the learned advocate representing petitioner. 5. It is disclosed in the communication dated 26th July, 2026 of Inspector-in-Charge, Arambagh Police Station that after registering FIR pursuant to the order passed by jurisdictional Magistrate on 18th May, 2026 Investigating Officer took certain steps and recorded statements of available local and disinterested witnesses who were found to be acquainted with the facts of the case. Investigating Officer also collected relevant documentary evidence, served notice upon complainant for production of original medical documents relating to alleged assault as well as CCTV footage and its original recording device for forensic examination and verification. Notices were also issued upon accused persons for investigation. 6. In view of such steps taken by the Investigating Officer prayer of the petitioner for transferring case to CID is not found
3 necessary at this stage. However, Investigating Officer is directed to expedite investigation and submit report before the jurisdictional Magistrate at an early date. 7. Writ petition stands disposed of. 8.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)