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2026 DAILYLAW 34196 (CAL)

HARPREET SALUJA v. STATE OF WEST BENGAL AND ORS.

WPA/19183/2026 · 2026-08-13

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24 Ranajit (AR.CT) 13.08.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 19183 OF 2026 Harpreet Saluja -vs- The State of West Bengal & Ors. Mr. Mohendranth Dey ….for the petitioner. Mr. Samrat Mukhrjee, Mr. Surojit Das ….for the State. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Form the case made out in this writ petition, it appears that petitioner prays for direction upon the concerned police authorities to take steps in accordance with law in Ranigang Police Station Case No. 215/2026 dated 8th June, 2026. 3. State respondents are represented by learned advocates. 4. If petitioner is aggrieved by inaction on the part of concerned police authorities in taking steps in connection with aforesaid criminal prosecution, there is an alternative remedy available to the petitioner under Section 175(3) of BNSS, 2023 by approaching jurisdictional Magistrate. 5. 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.) 6. In paragraph 7 of Sujal Vishwas Attavar (supra) it has been held that even after registration of FIR if 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. 7. In view of availability of alternative remedy to the petitioner, 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 clarified that if jurisdictional Magistrate is approached under Section 175(3) of BNSS, 2023, decision shall be taken without being influenced by the order passed today on this writ petition. 10. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2