Extracted from the PDF above. The PDF is authoritative.
19 Ranajit (AR.CT)
02.09.2026 Ct.05
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 21683 OF 2026 Debjani Roy -vs- The State of West Bengal & Ors. Mr. Ritzu Ghoshal, Ms. Ledia Dasgupta, Mr. Shiven Ray, Ms. Shreya Bhattacharjee ….for the petitioner. Mr. Rudraman Bhattacharya, Ms. Mousumi Roy ….for the State. 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. Mr. Ghoshal, learned senior advocate representing petitioner submits that issue centers around land and a decision was taken by competent authority in accordance with law. 3. However, from submissions made on behalf of petitioner and State respondents it does not appear that in the present writ petition decision needs to be taken regarding land in question since dissatisfaction is expressed on behalf of petitioner relating to steps taken by concerned police authorities in connection with two following FIRs:- i) Gazole Police Station Case No.756/2026 dated 8th July, 2026 and ii) Gazole Police Station Case No.777/2026 dated 11th July, 2026. 4. In the same breath, it is also submitted on behalf of
petitioner that private respondents also filed complaint which was transformed into FIR being Gazole Police Station Case No.757/2026 dated 8th July, 2026 and police took necessary steps for completing investigation in connection with Gazole Police Station Case No.757/2026 dated 8th July, 2026 and charge-sheet was filed before the jurisdictional Magistrate. Petitioner prays for direction upon concerned police authorities to take necessary steps in connection with FIRs which originated from complaints lodged by petitioner. 5. State respondents are represented by Mr. Bhattachaya, learned senior advocate who has opposed this writ petition on the count that there is an alternative remedy available to petitioner within the statutory framework. It is further submitted that taking note of complaints lodged by petitioner steps were taken and some persons were arrested. 6. A communication dated 27th August, 2026 of Inspector- in-Charge, Gazole Police Station is filed today and same is taken on record. Copy of communication dated 27th August, 2026 is made over to learned advocate representing petitioner. 7. Be that as it may since grievance is expressed on behalf of petitioner with regard to inaction on the part of concerned police authorities in taking investigations to their logical conclusion, petitioner needs to approach jurisdictional Magistrate under Section 175(3) BNSS,
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8.
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.). 9. In view of availability of alternative remedy to petitioner, writ petition is not entertained and same stands dismissed. . 10. However, this order shall not preclude the petitioner to approach jurisdictional Magistrate in pursuit of remedy. 11. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 3