01.09.2026 17 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 21335 of 2026 Selina Bibi –Versus – The State of West Bengal & Ors. Mr. Biswajit Tiwari …for the petitioner Ms. Jayita Dhar Chakraborty Ms. Koushikee Banerjee …..for the State respondents 1) Matter is heard in presence of learned advocates representing petitioner and State respondents. 2) By presenting this writ petition, petitioner has prayed for direction upon concerned police authorities to take steps based on complaint lodged on 30th July, 2026. 3) Learned advocate representing State respondents has filed a communicated dated 24th August, 2026 of Officer-in-Charge, Bhutni Police Station, Malda and same is taken on record. 4) It is disclosed in communication dated 24th August, 2026 that a scuffle broke out on 26th July, 2026 and husband of petitioner got injured. A case being Bhutni Police Station Case No. 114/2026 dated 28th July, 2026 was initiated against accused persons and notices under Section 35(3) of the Bharatiya Nagarik 2 Suraksha Sanhita, 2023 were issued to FIR named accused persons who appeared before Investigating Officer and complied with said notices. Investigating Officer collected injury reports from Bhutni Primary Health Centre and Malda Medical College and Hospital. Thereafter accused persons in Bhutni Police Station Case No. 114/2026 dated 28th July, 2026 surrendered before the court below and were released on bail. 5) On the contrary, petitioner’s husband and brother- in-law are accused persons in Bhutni Police Station Case No. 112/2026 dated 28th July, 2026. They are not available at their residence and are evading arrest. It is disclosed in communication dated 24th August, 2026 that pre-arrest bail application was filed before a coordinate Bench of this Court by husband of petitioner. 6) From aforesaid facts disclosed in communication dated 24th August, 2026, it appears that there are allegations and counter allegations between two groups and on registering FIRs investigation is going on. Subsequently another complaint was lodged by petitioner on 30th July, 2026 with the concerned police authority. If petitioner is dissatisfied with inaction on the part of concerned police authority in taking steps on receipt of complaint of petitioner dated 30th July, 2026, in that event petitioner needs to approach jurisdictional Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 7) Since investigations are continuing in aforesaid criminal prosecutions, concerned police authorities are 3 directed to take those investigations to their logical conclusion and file charge-sheets before jurisdictional Magistrate. 8) It is made clear that order passed by this Court shall no way hinder in continuing investigations in connection with aforesaid criminal prosecutions. 9) If jurisdictional Magistrate is approached in connection with complaint of petitioner dated 30th July, 2026, in that event same shall be decided in accordance with law without being influenced by order of this Court. 10) Writ petition stands disposed of. 11) Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)