124 Ranajit (AR.CT) 05.08.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 11552 OF 2026 MB Unit of Socio Equality Pvt. Ltd. & Anr. -vs- The State of West Bengal & Ors. Mr. Anindya Sundar Das, Mr. Shaunak Ghosh, Ms. Suva Gayen, Ms. Susmita Das, Ms. Madhumita Dutta ….for the petitioner. Ms. Sayani Roy Chowdhury, Ms. Biswadeepa Mandal ….for the SBI. Mr. Swagata Datta, Ms. Ankita Dey, Mr. Partha Chakraborty, Ms. Sumita Sarkar ….for the State. 1. In terms of order dated 7th July, 2026 a report dated 12th July, 2026 of Inspector-in-Charge, Cyber Crime Police Station, Paschim Medinipur is filed today and same is taken on record. Copy of the report dated 12th July, 2026 is made over to the learned advocate representing the petitioner. 2. However, on hearing learned advocate representing the petitioner and the case made out, it appears that petitioner is dissatisfied with the manner of investigation in Dantan Police Station Case No. 209/2025 dated 20th August, 2025. Prayer is also made in this writ petition for recovery of alleged defalcated amount by taking necessary steps. 3. If petitioner is dissatisfied with inaction on the part of the concerned police authority in taking forward this investigation to logical conclusion or if it is found that recovery of sum needs to be made by the police authorities, in that event petitioner needs to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023. 4. 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 & Anr. v. State of Maharashtra & Ors.) 5. It is succinctly decided in paragraph 7 of Sujal Vishwas Attavar (supra) that if a person has grievance that his FIR has not been registered by the police, or having been registered, proper investigation is not being conducted, then the remedy does not ordinarily lie in invoking the writ jurisdiction in the first instance, but in seeking recourse to the statutory framework, unless of course the urgency of the circumstances warrant otherwise 6. Hence, present writ petition is not entertained and same stands dismissed. 7. However, this order shall not preclude the petitioner to approach jurisdictional Magistrate, in pursuit of remedy. 8. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2 3