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Calcutta High Court · body

2026 DAILYLAW 40414 (CAL)

CHANDANA SADHUKHAN v. STATE OF WEST BENGAL AND ORS.

WPA/14500/2026 · 2026-09-14

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

153. 153. 14.09.2026 (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. 14500 OF 2026 CHANDANA SADHUKHAN VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Dhananjay Banerjee, Adv. Mr. Anjan Samaddar, Adv. Ms. Riya Ballav, Adv. …For Petitioner Mr. Suryaneel Das, AGP Mr. Ranjan Kumar Sinha, Adv. Mr. Indradeep Pal, Adv. Ms. Snigdha Das, Adv. Ms. Anita Kundu, Adv. Mr. Bhaskar Bhattacharyya, Adv. …For State Mr. Satyam Mukherjee, Adv. Mr. Purnendu Shekhar Ghosh, Adv. …For Respondent No.3 1. By presenting this writ petition, petitioner has prayed for direction upon the concerned police authority to take steps based on complaint lodged on 6th June, 2026. 2. It is submitted that based on same incident complaint of other party was taken into consideration and criminal prosecution was initiated but there is in- action on the part of concerned police authority in taking steps based on the complaint lodged by petitioner. 3. If petitioner finds that her complaint is not transformed into an FIR or there is in-action on the part of concerned police authority, in that event, there is alternative remedy available under Section 175(3) of BNSS by approaching jurisdictional Magistrate. 4. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court reported in 2026 SCC [2] OnLine SC 798 (Sujal Vishwas Attavar and another vs. State of Maharashtra and others). In paragraph 7 of Sujal Vishwas Attavar (supra) Hon’ble Supreme Court has succinctly held that if police authority has not taken steps based on complaint or even after registration of FIR appropriate investigation is not being carried out, in that event, parties are required to approach within the statutory framework at the first instance. 5. Hence, writ petition is disposed of. 6. However, this order shall not preclude petitioner to take steps, in accordance with law. 7. Parties to act on the server copy of this order duly downloaded from the official website of this court. (SAUGATA BHATTACHARYYA, J.)