135 Ranajit (AR.CT) 08.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 16506 OF 2026 Pulak Das & Ors. -vs- The State of West Bengal & Ors. Mr. Rupayan Deb, Ms. Priya Nandy ….for the petitioners. Mr. Avishek Guha, Mr. Soham Kumar Roy, Mr. Subhajit Das ….for the respondent no.4. Mr. Suryaneel Das, Mr. Sourav Sengupta ….for the State. 1. Matter is taken up for consideration in terms of order dated 23rd July, 2026 when learned advocate representing State respondents has filed a communication dated 6th August, 2026 of Inspector-in- Charge, Nager Bazar Police Station and same is taken on record. Copy of communication dated 6th August, 2026 is made over to learned advocate representing petitioner. 2. The case made out in this writ petition is overt action by concerned police authorities on receipt of complaint which according to petitioner does not report cognizable offence. 3. Having considered case made out in this writ petition and stand disclosed on behalf of State respondents it needs to be recorded herein that there is bar under Section 174(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 in investigating non-cognizable case without order of a Magistrate having power to try such case or commit case for trial. Nothing is shown during course of hearing today that order was passed by the Magistrate under Section 174(2) of BNSS, 2023 empowering police authorities to investigate non- cognizable offence as reported by lodging complaint before concerned police authorities. 4. In absence of such order under Section 174(2) of BNSS, 2023 passed by jurisdictional Magistrate, police authority is not entitled to cause investigation issuing notices. 5. Police authorities are directed to take steps in accordance with law based on complaint lodged. 6. With aforesaid clarification, writ petition stands disposed of. 7. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2