18 Ranajit (AR.CT) 24.08.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 20167 OF 2026 Madhu Singh -vs- State of West Bengal & Ors. Mr. Omar Faruk Gazi, Mr. Pratikur Rahaman, Ms. Shaoni Panda ….for the petitioner. Mr. Souvik Nandy, Mr. Soumya Sankar Chini ….for the State. 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. By presenting this writ petition prayer is made for expediting investigation in Durgapur Police Station Case No.352/26 dated 30th June, 2026. 3. Learned advocate representing petitioner submits that there are certain flaws while investigating case by concerned police authorities as a result whereof present writ petition is filed seeking necessary directions. 4. State respondents are represented by learned advocates. 5. From case made out in this writ petition, it appears that petitioner is not satisfied with investigation being carried out in aforesaid criminal prosecution and also prayer is made for expeditious investigation and to submit a report before jurisdictional Magistrate. 6. If petitioner is dissatisfied with investigation, in that event petitioner needs to approach jurisdictional Magistrate under Section 175(3) BNSS, 2023. 7. 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.). In paragraph 7 of Sujal Vishwas Attavar (supra) it has been succinctly 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. 8. In view of availability of alternative remedy to petitioner, writ petition is not entertained and same stands dismissed. . 9. However, this order shall not preclude petitioner to approach jurisdictional Magistrate, in pursuit of remedy. 10. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2