ML 6 0077..0099..22002266 Ct. No. 05 adeb WPA 22136 of 2026 Rakesh Singh @ Rakesh Kumar Singh Vs. The State of West Bengal & Ors. Mr. Mayukh Mukherjee Ms. Sagnika Banerjee …for the petitioner Mr. Uttam Banerjee …for the State 1. Affidavit of service filed on behalf of petitioner is taken on record. 2. By presenting this writ petition challenge is thrown to the propriety of FIR being Chetla Police Station Case No. 83 of 2026 dated 18th July, 2026. Mr. Mayukh Mukherjee, learned advocate has strenuously argued on behalf of petitioner and it is submitted that aforesaid criminal prosecution initiated against petitioner is frivolous and vexatious requiring interdiction by this Court on entertaining application under Article 226 of Constitution of India. 3. State respondents are represented by learned advocate. Respondent no. 6 is not represented today. 2 4. This Court has perused complaint dated 17th July, 2026 being genesis of criminal prosecution being Chetla Police Station Case No. 83 of 2026 dated 18th July, 2026 which reveals that alleged incident took place on 17th July, 2026 and allegation may come under relevant provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 5. Since it is found on perusal of complaint dated 17th July, 2026 that complainant has been able to connect the petitioner with alleged offence though it is prima facie finding, Court is not inclined to interfere with this writ petition at this stage. Issue needs to be investigated by the concerned police authorities in accordance with law to unearth the truth. 6. In this regard reliance is placed on the judgment of Hon’ble Supreme Court reported in (2021) 19 SCC 401 (Neeharika Infrastructure Private Limited vs. State of Maharashtra and Others). Paragraph 33.16 of Neeharika Infrastructure (supra) runs infra:- “33.16. The aforesaid parameters would be applicable and/or the aforesaid aspects are required to be considered by the High Court while passing an interim order in a quashing petition in exercise of powers under Section 482 CrPC and/or under 3 Article 226 of the Constitution of India. However, an interim order of stay of investigation during the pendency of the quashing petition can be passed with circumspection. Such an interim order should not require to be passed routinely, casually and/or mechanically. Normally, when the investigation is in progress and the facts are hazy and the entire evidence/material is not before the High Court, the High Court should restrain itself from passing the interim order of not to arrest or "no coercive steps to be adopted" and the accused should be relegated to apply for anticipatory bail under Section 438 CrPC before the competent court. The High Court shall not and as such is not justified in passing the order of not to arrest and/or "no coercive steps" either during the investigation or till the investigation is completed and/or till the final report/charge-sheet is filed under Section 173 CrPC, while dismissing/disposing of the quashing petition under Section 482 CrPC and/or under Article 226 of the Constitution of India.” 7. Writ Court while exercising jurisdiction under Article 226 of Constitution of India considering a petition seeking quashment of criminal prosecution needs to exercise such power with circumspection and sparingly. It is not a routine procedure that on an application 4 seeking quashment of criminal prosecution same shall be dealt with mechanically thereby directing concerned police authorities not to take coercive steps against the accused. Moreover, there is alternative remedy available to the petitioner under Section 482 BNSS, 2023 thereby approaching the appropriate forum seeking pre arrest bail. 8. In aforesaid conspectus this Court is not inclined to pass order thereby granting interim protection as prayed for, writ petition stands dismissed. 9. It is made clear that this order shall not preclude the petitioner to approach appropriate forum in pursuit of remedy. 10. Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)