168. 168. 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. 19711 OF 2026 NAVIN MALL AND OTHERS VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Navin Mall … Petitioner No.1 (In Person) Mr. Suryaneel Das, AGP Mr. Partha Sarathi Basu, Adv. …For State 1. Affidavit-of-service filed today is taken on record. 2. In spite of service of notice, respondent no.5 is not represented today. 3. By presenting this writ petition, inter alia, petitioners pray for issuance of mandamus thereby declaring arrest of petitioners on 29th July, 2025 is bad. During course of hearing submissions are made relating to non-issuance of notice under Section 35(3) BNSS. 4. Mr. Suryaneel Das, learned Additional Government Pleader representing State respondents has filed a communication dated 8th September, 2026 of Inspector-in-Charge, Narayanpur Police Station, Bidhannagar Police Commissionerate and same is taken on record. Copy of the said communication dated 8th September, 2026 is made over to petitioner no.1, who is appearing in person. 5. It is disclosed in the communication dated 8th September, 2026 that after registering FIR being Narayanpur P.S. Case no.166/ 2025 dated 29th July, 2025 investigation commenced and on concluding investigation charge-sheet/ final report was filed before the jurisdictional Magistrate on 30th September, 2025. [2] 6. In view of filing of charge-sheet/ final report before the jurisdictional Magistrate in September, 2025, no further order need be passed on this writ petition since by this time Court below may have taken cognizance of offence. 7. Once judicial order intervenes in a proceeding, writ petition under Article 226 of the Constitution of India is not maintainable and this Court is neither considering petition under Article 227 of the Constitution nor petition under Section 482 Cr.P.C/ Section 528 BNSS, 2023. In this regard, reliance is placed on judgment of the Hon’ble Supreme Court reported in 2024 SCC OnLine SC 5761 (Neeta Singh and Others vs. State of Uttar Pradesh and Others). 8. Hence, present writ petition is not entertained and same stands dismissed. 9. However, this order shall not preclude petitioners to approach appropriate forum in pursuit of remedy. 10. Parties to act on the server copy of this order duly downloaded from the official website of this court. (SAUGATA BHATTACHARYYA, J.)