06 Ranajit (AR.CT) 31.08.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 20500 OF 2026 Ahammad Laskar -vs- The State of West Bengal & Ors. Mr. Souma Subhra Ray, Ms. Neelam Kumari , Ms. Swagata Santra ….for the petitioner. Mr. Indrajit Roy, Mr. Partha Sarathi Basu ….for the State. 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. By presenting this writ petition dissatisfaction is expressed on behalf of petitioner with regard to investigation of Joynagar Police Station Case No.661 of 2026 dated 19th June, 2026. Petitioner prays for direction upon concerned police authorities to take necessary steps relating to investigation and take the investigation to its logical conclusion. 3. State respondents are represented by learned Additional Government Pleader. 4. If petitioner is dissatisfied with investigation, in that event petitioner needs to approach jurisdictional Magistrate under Section 175(3) BNSS, 2023. 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.). 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. 6. In addition thereto, reliance is also placed on the judgment of the Hon’ble Supreme Court reported in (2008) 2 SCC 409 (Sakiri Vasu vs. State of Uttar Pradesh & Ors.). In paragraph 24 of Sakiri Vasu (supra) it has been held that although Section 156(3) Cr.PC./175(3) BNSS is very briefly worded, there is an implied power in the Magistrate under Section 156(3) CrPC/175(3) BNSS 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. 7. In view of law laid down by the Hon’ble Supreme Court, petitioner shall be at liberty to approach jurisdictional Magistrate in pursuit of remedy. 8. With aforesaid liberty, writ petition stands disposed of. 9. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2