26 Ranajit (AR.CT) 01.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 21451 OF 2026 Hemlata Agarwal -vs- The State of West Bengal & Ors. Mr. Ronojoy Chatterjee ….for the petitioner. 1. By presenting this writ petition prayer is made for direction upon concerned police authorities to take steps while investigating Sainthia Police Station Case No.201/2026 dated 2nd June, 2026 which was initiated under certain provisions of BNS 2023. 2. If petitioner is dissatisfied with investigation, in that event petitioner needs to approach jurisdictional Magistrate under Section 175(3) BNSS, 2023. 3. 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. 4. In view of availability of alternative remedy to petitioner, writ petition is not entertained and same stands dismissed. . 5. However, this order shall not preclude the petitioner to approach jurisdictional Magistrate in pursuit of remedy. 6. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2