06. 06. 01.09.2026 (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. 21286 OF 2026 SMT. PAPIYA CHOWDHURY VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Prosenjit Mukherjee, Adv. Mr. Nirmalya Kumar Das, Adv. Mr. Jahangir Hossain, Adv. …For Petitioner Mr. Rajdeep Majumdar, AAG Mr. Anujit Mookherji, Adv. …For State 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. By presenting this writ petition prayer is made for execution of warrants of arrest issued against respondent nos.4, 5 & 6 in G.R. Case No.265 of 2020 arising out of Contai P.S. Case no.77 of 2020 dated 22nd February, 2020. 3. It is submitted by learned advocate representing petitioner that respondent nos.4, 5 & 6 surrendered before the court below and obtained bail but subsequently, at the time of framing of charge those respondents did not appear before the court below as a result whereof proceedings before the court below is held up. 4. State respondents are represented by Mr. Rajdeep Majumder, learned Additional Advocate General who filed a communication dated 16th August, 2026 of Inspector-in-Charge, Contai Police Station and same is taken on record. Copy of the said communication dated 16th August, 2026 is made over to learned advocate representing petitioner. [2] 5. It is disclosed in the said communication dated 16th August, 2026 that warrants of arrest issued by court below against aforesaid private respondents were sent to concerned police authority at Basti, Uttar Pradesh as it was informed that those private respondents were shown to be residing in Basti, Uttar Pradesh. 6. In addition thereto if warrants of arrest were issued against aforesaid private respondents and same were not executed, in that event, remedy is available to the petitioner within the statutory framework by issuance of proclamation and attachment of property. 7. It needs to be recorded herein that in Contai P.S. Case no.77 of 2020 dated 22nd February, 2020 charge-sheet was filed and cognizance of offence was taken. After filing of charge-sheet and taking cognizance of offence by court below, writ petition under Article 226 of the Constitution of India is not maintainable. This Court is also not hearing a petition under Article 227 of the Constitution of India nor it is a petition under Section 482 Cr.P.C./ Section 528 BNSS. 8. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court reported in 2024 SCC OnLine SC 5761 (Neeta Singh and Others vs. State of Uttar Pradesh and Others). 9. In view of aforesaid reasons, present writ petition is not interfered with and same stands dismissed. 10. However, this order shall not preclude petitioner to take steps, in accordance with law, if so advised. 11. Parties to act on the server copy of this order duly downloaded from the official website of this court. (SAUGATA BHATTACHARYYA, J.)