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2026 DAILYLAW 38709 (CAL)

MOU PAL v. STATE OF WEST BENGAL AND ORS.

WPA/1206/2026 · 2026-09-08

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

02. 02. 08.09.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 1206 OF 2026 MOU PAL VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Sagnik Roy Chowdhury, Adv. Ms. Mitul Chakraborty, Adv. …For Petitioner Mr. Soumyajit Das Mahapatra, Adv. Ms. Madhurai Sinha, Adv. Ms. Upasana Banerjee, Adv. Mr. Bisal Roy, Adv. …For Private Respondents 1. Matter is accommodated in today’s list under the heading “To Be Mentioned” for release since it was submitted by learned advocate representing petitioner at the time of mentioning that if matter is not upgraded by placing it in the Supplementary List in view of urgency, matter needs to be released. 2. Today at the time of considering the prayer for release made by learned advocate representing petitioner, submission is made on behalf of respondent nos.6 to 9 that investigation in Belpahari P.S. Case no.56 of 2024 dated 5th August, 2024 is complete and charge- sheet dated 31st October, 2024 was filed before the jurisdictional Magistrate. It is also submitted that after filing of charge-sheet on 31st October, 2024 Court below has taken cognizance of offence. 3. On the contrary on behalf of petitioner nothing is produced before this Court to show that a “Naraji Petition” was filed under Section 173(8) Cr.P.C./ 193(9) BNSS, 2023 seeking further investigation. 4. In view of judgment of the Hon’ble Supreme Court reported in 2024 SCC OnLine SC 5761 (Neeta [2] Singh and Others vs. State of Uttar Pradesh and Others) once cognizance is taken by Court below after filing of charge-sheet writ petition under Article 226 of the Constitution of India is not maintainable. 5. Hence, no further order need be passed in this writ petition and same stands disposed of. 6. However, this order shall not preclude petitioner to take steps, in accordance with law, if so advised. 7. Parties to act on the server copy of this order duly downloaded from the official website of this court. (SAUGATA BHATTACHARYYA, J.)