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2026 DAILYLAW 40404 (CAL)

MUNMUN BHATTACHARYA v. STATE OF WEST BENGAL AND ORS.

WPA/22832/2026 · 2026-09-14

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18 Ranajit (AR.CT) 14.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 22832 OF 2026 Munmun Bhattacharya -vs- The State of West Bengal & Ors. Ms. Kaberi Ghosy (Dey) ….for the petitioner. Ms. Susmita Saha Dutta, Mr. Madhu Jana, Ms. Puja Sonkar ….for the State. 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. It is submitted by learned advocate representing petitioner that investigation in Sonarpur Police Station Case No.466/25 dated 25th March, 2025 is required to be expedited by investigating officer. It is submitted that though FIR was registered on 25th March, 2025 but till date no steps have been taken. 3. State respondents are represented by Ms. Saha Dutta, learned Additional Government Pleader and it is submitted that still investigating is continuing. If petitioner finds that after registration of FIR investigation is not being conducted for taking same to its logical conclusion expeditiously, in that event petitioner needs to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023. 4. 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 parties need to approach within statutory framework at the first instance. 5. In view of availability of alternative remedy writ petition is disposed of thereby granting leave to petitioner to approach jurisdictional Magistrate in accordance with law. 6. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2