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Calcutta High Court · body

2026 DAILYLAW 32308 (CAL)

MALLIKA ROY v. STATE OF WEST BENGAL AND ORS.

WPA/18126/2026 · 2026-08-20

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

09. 09. 20.08.2026 (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. 18126 OF 2026 MALLIKA ROY VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Arka Kumar Nag, Adv. Mr. Rahul Kumar Singh, Adv. Mr. Kaushik Bandyopadhyay, Adv. …For Petitioner Mr. Ajit Kumar Mishra, AGP Mr. Rahul Agarwala, Adv. …For State 1. In terms of order dated 6th August, 2026 matter is taken up for consideration when learned advocate representing State respondents has filed a communication dated 10th August, 2026 of Inspector- in-Charge, Serampore Police Station and same is taken on record. Copy of the said communication dated 10th August, 2026 is made over to the learned advocate representing petitioner. 2. It is disclosed in the said communication that based on complaint dated 6th August, 2026 FIR was registered being Serampore P.S. Case No.447 of 2026 dated 6th August, 2026 under certain provisions of BNS. It is also disclosed that notice under Section 35(3) of BNSS was issued to accused persons which was complied with and thereafter another notice was issued to the complainant under Section 94 of BNSS. 3. However, Mr. Arka Kumar Nag, learned advocate representing petitioner disputes the contents of said communication dated 10th August, 2026 to the extent that though it is stated therein based on complaint dated 6th August, 2026 aforesaid criminal prosecution was initiated but fact remains petitioner lodged [2] complaint on 30th March, 2026 and copy of said complaint dated 30th March, 2026 is annexed at page 74 of the writ petition containing receipt acknowledged by Serampore Police Station on the same date, i.e., 30th March, 2026. 4. In view of initiation of criminal prosecution based on aforesaid complaint, at this stage, no further order need be passed on this writ petition save and except directing the concerned police authority to expedite the investigation and take the same to its logical conclusion by submitting report before the jurisdictional Magistrate. 5. Writ petition stands disposed of. 6. However, petitioner shall be at liberty to approach jurisdictional Magistrate, if occasion so arises. 7. Parties to act on the server copy of this order duly downloaded from the official website of this court. (SAUGATA BHATTACHARYYA, J.)