25.08.2026 13 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 20263 of 2026 Biswajit Pramanik –Versus – The State of West Bengal & Ors. Mr. Jahadar Alam Mr. Sk. Nezamuudin …for the petitioner Mr. Subhankar Chakraborty Mr. Mahadeb Khan …..for the State respondents Mr. Abhilash Chatterjee Ms. Najmee Parveen …for the respondent no.5 1) Affidavit of service filed on behalf of the petitioner is taken on record. 2) By presenting this writ petition, petitioner has prayed for direction upon concerned police authorities to add rigorous sections in Baranagar Police Station Case No. 198/26 dated 29th May, 2026. Dissatisfaction is expressed on behalf of petitioner in investigating aforesaid criminal prosecution by concerned police authorities and prayer is made for transferring the criminal prosecution to another agency. 3) Learned advocate for State respondents has filed a communication dated 10th August, 2026 of Officer-in- Charge, Baranagar Police Station, Barrackpore Police Commissionerate and same is taken on record. Copy 2 of said communication is made over to learned advocate for the petitioner. 4) It is disclosed in communication dated 10th August, 2026 that notice was issued to complainant under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for production of relevant documents/electronic materials in connection with alleged incident. Pursuant to said notice, complainant appeared before Investigating Officer and produced relevant CCTV video footage in a pen drive and same was taken into possession and forms part of seizure list. Steps are also taken to ascertain movement of accused and whereabouts of allegedly misappropriated gold. 5) In view of steps taken by concerned police authorities, prayer of petitioner for transferring investigation to another agency at this stage is negated. 6) However, concerned police authority is directed to expedite investigation and submit report before jurisdictional Magistrate at an early date. If petitioner is dissatisfied with manner of investigation and if according to petitioner rigorous section is required to be incorporated in aforesaid criminal prosecution, in that event petitioner needs to approach jurisdictional Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court reported in (2008) 2 SCC 409 (Sakiri Vasu Vs. State of Uttar Pradesh & Ors.). 7) With aforesaid observations, writ petition stands disposed of. 3 8) Urgent photostat certified copy of this order, if applied for, be given to parties on usual undertaking. (Saugata Bhattacharyya, J.)