126. 126. 06.08.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 12588 OF 2026 WIZZMONI FINANCIAL SERVICES LTD. (FORMERLY KNOWN AS UNIMONI FINANCIAL SERVICES LIMITED) AND ANOTHER VS. STATE OF WEST BENGAL AND OTHERS …………… Mr. Moyukh Mukherjee, Adv. Mr. Arunava Ganguly, Adv. Mr. Arkaprabho Roy, Adv. Mr. Soujanyo Pattanayak, Adv. …For Petitioners Mr. Suryaneel Das, AGP Ms. Anita Kundu, Adv. Ms. Sumita Sarkar, Adv. …For State 1. Matter is heard pursuant to order dated 18th June, 2026 in presence of the learned advocates representing petitioners and State respondents. 2. Case diary in connection with Baguiati P.S. Case No.667 of 2025 dated 4th November, 2025 is produced before this Court. 3. Court has perused the case diary and same is returned to learned advocate representing State respondents. 4. The case of petitioners is though investigation has commenced in Baguiati P.S. Case No.667 of 2025 dated 4th November, 2025 but there is no substantial progress and certain other sections are required to be added in the aforesaid criminal prosecution which has not been done by the Investigating Officer. [2] 5. Prayer is also made for relegating the investigation of aforesaid criminal prosecution to Criminal Investigation Department (CID), West Bengal. 6. It is trite in view of ratio decided by the Hon’ble Supreme Court in Sujal Vishwas Attavar and another vs. State of Maharashtra and others reported in 2026 SCC OnLine SC 798 and in (Sakiri Vasu vs. State of Uttar Pradesh and others) reported in (2008) 2 SCC 409 that if party is dissatisfied with the manner of investigation and there is in-action on the part of concerned police authority to take certain steps in continuing investigation in connection with a criminal prosecution, in that event, party needs to approach jurisdictional Magistrate under Section 156(3) of Code of Criminal Procedure/ Section 175(3) of Bharatiya Nagarik Suraksha Sanhita, 2023. 7. Provision under Section 156(3) Cr.P.C./ Section 175(3) BNSS is widened by virtue of observations made by Hon’ble Supreme Court in paragraph 24 of Sakiri Vasu (supra). It is held therein that although Section 156(3) Cr.P.C. is briefly worded, there is an implied power in the Magistrate under Section 156(3) to order registration of a criminal offence and/ or to direct the Officer-in-Charge of the police station concerned to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same. Even though these powers have not been expressly mentioned in Section 156(3) Cr.P.C., Hon’ble Supreme Court was of the opinion that they are implied in the above provision. [3] 8. In view of wider connotation attributed to Section 156(3) Cr.P.C./ Section 175(3) BNSS, petitioners need to approach jurisdictional Magistrate in pursuit of remedy. 9. High Court while exercising writ jurisdiction under Article 226 of the Constitution of India is not an appropriate forum to express grievance relating to investigation. 10. With the aforesaid observations writ petition stands disposed of. 11. However, this order shall not preclude petitioners to approach jurisdictional Magistrate, if so advised. 12. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (SAUGATA BHATTACHARYYA, J.)