16 Ranajit (AR.CT) 14.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 22816 OF 2026 Mitali Paul Bhattacharyya -vs- The State of West Bengal & Ors. Ms. Torsa Min Bahar ….for the petitioner. Mr. Soumyajit Roy ….for respondent nos.5 to 9. Mr. Rajdeep Majumder, Mr. Madhu Jana, Mr. Prasanta Naskar ….for the State. 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. Learned advocate representing petitioner expresses satisfaction with regard to steps taken by concerned police authorities in investigating Jamalpur Police Station Case No.28/2026 dated 26th January, 2026. Prayer is made for directing concerned police authorities to take investigation to its logical conclusion by taking necessary steps. 3. Mr. Mazumder, learned Additional Advocate General representing State respondents has filed a communication dated 27th August, 2026 of Officer-in- Charge, Jamalpur Police Station and same is taken on record. 4. It is submitted on behalf of State respondents that apart from aforesaid criminal prosecution another FIR was registered by concerned police authorities being Jamalpur Police Station Case No.257/25 dated 19th September, 2025. According to State respondents investigations are going on. 5. Since certain steps have been taken by concerned police authorities based on complaints lodged by petitioner giving rise to aforesaid criminal prosecution, at this stage no further order need be passed on this writ petition. 6. If petitioner has grievance relating to investigation which is being carried out by concerned police authorities, in that event petitioner needs to approach jurisdictional Magistrate under Section 175(3) BNSS, 2023. 7. 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. 8. Due to availability of alternative remedy writ petition is disposed of thereby granting leave to petitioner to approach appropriate forum/authority in pursuit of remedy. 9. Parties to act on the server copy of this order duly 2 downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 3