07 Ranajit (AR.CT) 10.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 20823 OF 2026 Taslima Khatun -vs- State of West Bengal & Ors. Mr. Sabyasachi Chatterjee, Mr. Pintu Karar, Mr. Kiron Sk. ….for the petitioner. Mr. Rajdeep Mazumder, Mr. Milind Mohul Ghosh, Ms. Srijit Halder, Mr. Yuvraj Chatterjee ….for the State. 1. Matter is heard in presence of learned advocates representing petitioner and State respondents. 2. On perusal of writ petition precisely it is found that prayer is made for taking steps in connection with criminal prosecution being Bagnan Police Station Case No.171/26 dated 27th March, 2026. It further appears that prayer is made for impartial investigation by police authorities, recording of statement under Section 183 BNSS 2023 and initiation of proper investigation. 3. State respondents are represented by learned advocates who has submitted that there is an alternative remedy available under Section 175(3) BNSS 2023, in the event petitioner is not satisfied with manner of investigation being carried out by concerned police authorities. 4. Having considered respective submissions made on behalf of parties, present writ petition is disposed of thereby granting liberty to petitioner to approach jurisdictional Magistrate under Section 175(3) BNSS 2023, in the event petitioner is not satisfied with manner of investigation being carried out by concerned police authorities. 5. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court, reported in 2026 SCC Online SC 798 (Sujal Vishwas Attavar & Anr. v. State of Maharashtra & Ors.). In paragraph 7 of Sujal Vishwas Attavar (supra) it has been succinctly held that even after registration of FIR if proper investigation is not being conducted, in that event complainant needs to approach within statutory framework at the first instance. 6. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2