AD 03. In the High Court at Calcutta 27.08.2026 Constitutional Writ Jurisdiction S.D. Appellate Side Ct. No. 37 Bench ID 266447 WPA (H) 44 of 2026 Khairrul Alam Vs. State of West Bengal & Ors. Mr. Sarbananda Sanyal Mr. Samrat Chakraborty ….For the petitioner Mr. Dibasish Basu, Ld. AGP., Ms. Sneha Dutta Mr. Purnendu Das …For the State Mr. Chandrachur Lahiri Ms. Ketaki Ghosh Mr. Premraj Sharma …For the private respondents Writ petition is at the behest of a husband who claims that the private respondents took away his wife. State and the private respondents are represented. Learned advocate appearing for the State submits that the marriage between the petitioner and his wife stood annulled by a decree of divorce on December 28, 2025. He relies upon the divorce registration certificate in support of such contention. That apart, he submits that there is at least one proceeding under Section 100 BNSS in 2 Case No. 47 of 2026 pending before the learned Sub-Divisional Magistrate, Sadar Hooghly. He refers such order. He submits that the proceeding was initiated on January 20, 2026. Writ petitioner was aware of such proceeding. Writ petitioner suppressed such materials fact. Learned advocate appearing for the petitioner submits that his client filed a suit being Title Suit No. 220 of 2026 seeking declaration that the marriage between the petitioner and his wife is still subsisting. We need not enter into the disputes between the private parties in the writ of habeas corpus. We, however, find the writ petitioner suppressed material facts. Writ petitioner suppressed the proceeding under Section 100 of BNSS in which several orders were passed. Section 100 BNSS petition was filed in January 2026 while the writ petition was filed in April 2026. One of the order is dated June 5, 2026 albeit after filing of the writ petition that records that the wife of the writ petitioner is residing with her parents voluntarily. In such circumstances, WPA (H) 44 of 2026 is dismissed. (Debangsu Basak, J.) (Aryak Dutt, J.) SUROJIT DAS Digitally signed by SUROJIT DAS Date: 2026.08.27 17:42:16 +05'30'