DEBANANDA BANERJEE v. STATE OF WEST BENGAL AND ORS.
WPA/13461/2026 · 2026-08-13
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 33037 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33037 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
105 Ranajit (AR.CT)
13.08.2026 Ct.05
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 13461 OF 2026 Debenanda Banerjee -vs- The State of West Bengal & Ors. Mr. Srikanta Paul, Md. Arif Ansari ….for the petitioner. Ms. Sayani Roy Chowdhury, Mr. Debtanay Banerjee ….for the Axis Bank. Mr. Suryaneel Das, Ms. Anita Kundu, Ms. Sumita Sarkar ….for the State. 1. By presenting this writ petition prayer is made for giving direction upon the bank authority which would permit petitioner to operate his bank account being No.919010026714460 maintained with Axis Bank, Barjora Branch, Bankura. 2. Mr. Das, learned Additional Government Pleader representing State respondents has placed before this Court an order dated 22nd June, 2026 passed on an application of complainant in connection with Anandapur Police Station, Paschim Medinipur G.D. Entry No.28 dated 1st February, 2026. 3. On perusal of order passed by learned Chief Judicial Magistrate-in-Charge, Paschim Medinipur on 22nd June, 2026 it transpires that prayer was made to refund alleged amount to the complainant’s account being No.922010014741537 maintained with Axis
Bank. Jurisdictional Magistrate vide order dated 22nd June, 2026 allowed such prayer of complainant for refunding the amount to his aforesaid account upon furnishing Zimmanama bond. 4. It is rightly pointed out on behalf of the State respondents that in view of judicial order passed by court below on 22nd June, 2026 on the application of complainant, present writ petition is not maintainable. 5. Moreover, Court is apprised of fact that in connection with above referred account of the petitioner disputed amount is approximately Rs.32,000/- against balance i.e. minus Rs.10,000/-. Therefore, it appears that in spite of order passed by court below on 22nd June, 2026 bank authority could not remit Rs.2278.20/- to the account of the complainant due to inadequate balance. 6. In view of order dated 22nd June, 2026 passed by the court below thereby intervening proceeding prayer couched in this writ petition ought not to be allowed by directing bank authority to permit the petitioner to operate bank account by not marking the account further as lien account. 7. This Court is not hearing application under Article 227 of the Constitution of India neither this is an application under Section 528 of BNSS, 2023. Judicial order ought not to be delved into while considering writ petition. 8. Hence, present writ petition is not entertained and same stands dismissed. 2
9.
However, this order shall not preclude the petitioner to take steps in accordance with law. 10. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 3