06.08.2026 16 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 18022 of 2026 Ashik Iqbal –Versus – The State of West Bengal & Ors. Mr. Sourav Bhattacharya ….for the petitioner Ms. Anita Kundu Mr. Angshuman Chakraborty …..for the State respondents 1) Affidavit of service filed on behalf of the petitioner is taken on record. 2) By presenting this writ petition, inter alia, petitioner has prayed for declaring his arrest void as without any basis petitioner was arrested. 3) From submission made on behalf of the petitioner it appears that petitioner was arrested in connection with Cyber Crime Police Station (Ranaghat Police District) Case No. 66/25 dated 16th December, 2025. 4) Nothing is before this Court today based on which it can be inferred that petitioner ought not to have been arrested. Moreover, investigation is at nascent stage. There is an alternative remedy available to the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 thereby seeking bail. In this 2 regard, reliance is placed on the judgment of the Hon’ble Supreme Court reported in (2021) 19 SCC 401 (Neeharika Infrastructure Private Limited vs. State of Maharashtra and Others). Paragraph 33.16 of Neeharika Infrastructure Private Limited (supra) runs infra:- “33.16. The aforesaid parameters would be applicable and/or the aforesaid aspects are required to be considered by the High Court while passing an interim order in a quashing petition in exercise of powers under Section 482 CrPC and/or under Article 226 of the Constitution of India. However, an interim order of stay of investigation during the pendency of the quashing petition can be passed with circumspection. Such an interim order should not require to be passed routinely, casually and/or mechanically. Normally, when the investigation is in progress and the facts are hazy and the entire evidence/material is not before the High Court, the High Court should restrain itself from passing the interim order of not to arrest or "no coercive steps to be adopted" and the accused should be relegated to apply for anticipatory bail under Section 438 CrPC before the competent court. The High Court shall not and as such is not justified in passing the order of not to arrest and/or "no coercive steps" either during the investigation or till the investigation is completed and/or till the final report/charge-sheet is filed under Section 173 CrPC, while dismissing/disposing of the quashing petition 3 under Section 482 CrPC and/or under Article 226of the Constitution of India.” 5) When investigating agency in furtherance to an investigation arrests accused person and materials are not before this Court to draw an inference that complaint is frivolous and vexatious writ Court while exercising jurisdiction under Section 226 of the Constitution of India ought not declare arrest of accused person illegal. Jurisdiction of writ Court under Article 226 needs to be exercised sparingly with circumspection. It is not a stage where High Curt in dealing with an application seeking declaration of arrest as illegal, makes an endeavour to find out whether allegations are correct or not. 6) Hence, present writ petition is not entertained and same stands dismissed. 7) However, this order shall not preclude the petitioner to approach appropriate forum, if so advised. 8) Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Saugata Bhattacharyya, J.)