18 Ranajit (AR.CT) 02.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 21682 OF 2026 Chand Mahammad Sk. -vs- The State of West Bengal & Ors. Mr. Amarul Islam, Mr. Oishik Chatterjee, Mr. Sourav Mukherjee, Mr. Gourav Ray ….for the petitioner. Mr. Anindya Sundar Das, Mr. Srijit Halder ….for the State. 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. By presenting this writ petition prayer is made for direction upon concerned police authorities to expedite investigation in connection with Palashipara Police Station Case No.315/2026 dated 25th June, 2026 under certain provisions of BNS 2023. 3. State respondents are represented by learned advocate who has opposed this writ petition on the score that there is an alternative remedy available to petitioner within the statutory framework. 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.). 6. In view of availability of alternative remedy to petitioner, writ petition is not entertained and same stands dismissed. . 7. However, this order shall not preclude the petitioner to approach jurisdictional Magistrate in pursuit of remedy. 8. It is clarified that if jurisdictional Magistrate is approached under Section 175(3) of BNSS, 2023, decision shall be taken without being influenced by the order passed today on this writ petition. 9. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2