1 OD-1 ORDER SHEET IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/373/2026 M/S. LUPINE MERCHANTS PRIVATE LIMITED VS THE STATE OF WEST BENGAL & ORS. BEFORE: THE HON’BLE JUSTICE SAUGATA BHATTACHARYYA Date:02.09. 2026 APPEARANCE: Mr. B. Bhattacharya, Adv.; Mr. A. Saha, Adv. ...for the petitioner Mr. A.K. Mishra, Ld. AGP; Dr. N.G. Khaitan, Adv., ..For State. 1. The Court:- Present petition is filed, inter alia, praying for direction upon concerned police authorities to take necessary steps in the criminal prosecution connected to FIR being Burrabazar Police Station Case No.107 of 2026, dated 13th July, 2026. 2. It is submitted by Mr. Biswarup Bhattacharyya, learned counsel representing petitioner that based on complaint FIR was drawn up but the police authorities are not taking steps for taking the investigation to its logical conclusion for submission of report before the jurisdictional Magistrate. It is submitted on behalf of petitioner that one accused person has been taken into custody but other persons are not arrested. According to petitioner steps are required to be taken by the concerned police authorities for arresting other accused persons. It is also submitted that the person who was arrested has been enlarged on bail. 3. State respondents are represented by Mr. Ajit Kumar Mishra, learned Additional Government Pleader, who has submitted that the police authorities are taking 2 steps in accordance with law for completing the investigation. 4. Having considered the respective submissions made on behalf of the parties, it appears that petitioner is not satisfied with the manner of investigation being carried out in Burrabazar Police Station Case No.107 of 2026, dated 13th July, 2026. According to the petitioner further steps are required to be taken including arresting accused persons. 5. Taking note of the grievance expressed, petitioner needs to approach the jurisdictional Magistrate under section 175(3) of the BNSS, 2023. High Court while exercising jurisdiction under Article 226 of the Constitution of India is not the appropriate forum. In this regard, reliance is placed on a judgment of the Hon’ble Supreme Court reported in 2026 SCC OnLine SC 798(Sujal Vishwas Attavar & Anr. Vs. State of Maharashtra & Ors.). In paragraph 7 of Sujal Vishwas Attavar(supra), it has been stated that even after registration of FIR if proper investigation is not carried out, in that event party needs to seek recourse to the statutory framework, High Court is not an appropriate forum to look into such grievance. 6. In view of availability of alternative remedy, present 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. Parties to act on server copy of this order on the usual undertakings. (SAUGATA BHATTACHARYYA, J.) tk