BHASWATI BANERJEE v. THE STATE OF WEST BENGAL AND ORS.
WPA/19141/2026 · 2026-08-13
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 33804 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33804 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
21 1133..0088..22002266 Ct. No. 05
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WPA 19141 of 2026
Bhaswati Banerjee Vs. The State of West Bengal & Ors.
Mr. Debasis Mitra Mr. Pronojit roy Ms. Priya Chakraborty Mr. Arka Mahalanobis
…for the petitioner
Mr. Debasish Chowdhuri Mr. Saikat Karmakar
…for the State
1. Affidavit of service filed on behalf of petitioner is taken on record.
2. Learned advocate representing petitioner prays for direction upon the concerned police authorities to take certain steps otherwise investigation needs to be transferred to another agency.
3. Learned advocate representing State respondents has filed a communication dated 6th August, 2026 of Officer-in-Charge, Baranagar Police Station and same is taken on record. Copy of communication dated 6th August, 2026 is made over to the learned advocate representing petitioner.
4. In the communication steps taken by the investigating agency are disclosed. Moreover, it
2 transpires that alleged incident relates to monetary transactions. Based on complaint lodged an FIR was registered being Baranagar Police Station Case No. 139 of 2025 dated 8th May, 2025.
5. If there is inaction on the part of concerned police authorities in investigating aforesaid case, petitioner needs to approach jurisdictional Magistrate under Section 175(3) BNSS 2023.
6. In this regard reliance is placed on the judgment of Hon’ble Supreme Court reported in 2026 SCC OnLine SC 798 (Sujal Vishwas Attavar and Anr. Vs. State of Maharashtra and Ors.),
7. In view of availability of alternative remedy present writ petition is not entertained and same stands dismissed.
8. However, this order shall not preclude the petitioner to approach jurisdictional Magistrate in pursuit of remedy.
9. It is also clarified that if jurisdictional Magistrate is approached under Section 175(3) BNSS 2023 same shall be decided in accordance with law without being influenced by the order passed by this Court today.
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10. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)