13.08.2026 11 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 18970 of 2026 Manjura Bibi –Versus – The State of West Bengal & Ors. Mr. Avishek Prasad Ms. Shreyasi Manna …..for the petitioner Mr. Pradip Pal Mr. Arghya Chatterjee ….for the State respondents 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. By presenting this writ petition, dissatisfaction is expressed with regard to steps taken by the concerned police authorities while investigating criminal prosecution being Domkal Police Station Case No. 515 of 2026 dated 21st June, 2026 under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023. According to the petitioner, certain other steps are required to be taken while investigating the case and there is inaction on the part of the police authorities. It is also alleged that police personnel are involved in alleged offence. 3. State respondents are represented by learned advocate. 2 4. Having considered the case made out in this writ petition, it appears that petitioner is dissatisfied with steps taken by the concerned police authorities while investigating aforesaid criminal prosecution. Hence, petitioner is required to approach jurisdictional Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in pursuit of remedy. 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) it was succinctly held by the Hon’ble Supreme Court that even after registration of FIR if investigation is not being conducted appropriately then remedy does not ordinarily lie in invoking writ jurisdiction in the first instance but in seeking recourse to the statutory framework. 5. Hence, writ petition is not interfered with and same stands dismissed. 6. However, this order shall not preclude the petitioner to approach jurisdictional Magistrate in pursuit of remedy. 7. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Saugata Bhattacharyya, J.)