36. 36. 29.07.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 17351 OF 2026 BABUL ALI MALLICK VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Tapas Kumar Dey, Adv. Mr. Shamim Akhtar, Adv. Mr. Rahul Chowdhury, Adv. …For Petitioner Mr. Amit Baran Dash, Adv. Ms. Paramita Mondal, Adv. …For State 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. By presenting this writ petition petitioner has prayed for direction upon the concerned investigating agency to fasten rigorous section in connection with criminal prosecution being Jangipara P.S. Case No.223 of 2026 dated 31st May, 2026. 3. State respondents are represented by learned advocates. 4. From the case made out in this writ petition, it appears that petitioner is not satisfied with the steps taken by the concerned police authority in connection with aforesaid criminal prosecution. 5. If petitioner is not satisfied with the progress made in the investigation or according to petitioner, it is found that other rigorous sections are required to be fastened in connection with the pending criminal prosecution, in that event, petitioner needs to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023. [2] 6. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court reported in 2026 SCC OnLine SC 798 (Sujal Vishwas Attavar and another vs. State of Maharashtra and others). In paragraph 7 of Sujal Vishwas Attavar (supra) Hon’ble Supreme Court has succinctly held that after registering FIR if proper steps are not being taken by the concerned police authorities, in that event, remedy does not ordinarily lie in invoking writ jurisdiction in the first instance but in seeking recourse to the statutory framework unless of course urgency of the circumstances warrant otherwise. 1. In view of law laid down by the Hon’ble Supreme Court in Sujal Vishwas Attavar (supra), petitioner needs to approach jurisdictional Magistrate under relevant provision of BNSS, 2023. 2. Hence, present writ petition is not entertained and same stands dismissed. 3. However, this order shall not preclude petitioner to approach jurisdictional Magistrate in pursuit of remedy. 7. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (SAUGATA BHATTACHARYYA, J.)