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Calcutta High Court · body

2026 DAILYLAW 31194 (CAL)

SUBHRA GHOSH v. STATE OF WEST BENGAL AND ORS.

WPA/17109/2026 · 2026-07-28

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.07.2026 Item No.31 Ct. No. 05 PG W.P.A. 17109 of 2026 Subhra Ghosh Vs. The State of West Bengal & Ors. Mr. Pratip Mukherjee, Adv. Ms. Chaitali Mukherjee, Adv. …..For the Petitioner Mr. Anjan Sengupta, Adv. ..For the State Mr. Aritra Ghosh, Adv. Mr. Amartya Basu, Adv.….For the respondent no. 4 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. By presenting this writ petition, prayer is made for granting protection to the petitioner during pendency of criminal prosecution being Chetla P.S. Case No. 86 of 2026 dated July 21, 2026. It is contended, since accused persons are not arrested, petitioner is required to be provided necessary protection. 3. State respondents and respondent no. 4 are represented by learned advocates. 4. Argument, which is advanced on behalf of the petitioner is that as bailable sections are incorporated in Chetla P.S. Case No. 86 of 2026 dated July 21, 2026, police authorities are required to give protection to the petitioner being the complainant. 5. Such contention is not countenanced considering nature of criminal prosecution initiated against accused persons. 2 6. However, if petitioner has grievance relating to steps taken by the concerned police authorities in connection with aforesaid criminal prosecution, there is an alternative remedy available to the petitioner to approach jurisdictional magistrate under section 175(3) 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.). 7. Hence, present writ petition is not interfered with and same is dismissed. 8. However, this order shall not preclude the petitioner to approach the appropriate forum, if so advised. 9. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)