15.09.2026 09 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 20492 of 2026 Prasanta Saha –Versus – State of West Bengal & Ors. Mr. Mahesh Tiwari Mr. Somnath Mukherjee …for the petitioner Mr. Arkaprava Sen Mr. Goutam Acharya …..for the State Mr. Samrat Choudhury Mr. Soumya Kanti Nag Mr. Saptarshi Mukherjee …for the respondent nos. 7-9 1) Matter is heard in presence of learned advocates representing petitioner, State respondents and respondent nos. 7 and 9. 2) By presenting this writ petition, prayer is made for transferring investigation which is conducted in terms of order dated 24th June, 2026 of the learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas to any independent and specialized investigating agency. 3) During course of hearing, it appears that petitioner filed a previous writ petition being WPA 9729 of 2026 which was dismissed by this Court vide order dated 2 22nd June, 2026 taking note of facts that after filing of charge-sheet an application was filed under Section 193(9) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) before jurisdictional Magistrate seeking further investigation and said application was pending. Subsequently application under Section 193(9) of the BNSS was allowed by jurisdictional Magistrate on 24th June, 2026 thereby Inspector-in-Charge/ Officer-in-Charge of Haridevpur Police Station was directed to conduct further investigation under Section 173(8) of the Criminal Procedure Code (Cr.P.C.) /193(9) of the BNSS and a responsible Sub-Inspector other than previous Investigating Officer was directed to be assigned to carry out further investigation and submit a report. This order was passed by jurisdictional Magistrate on 24th June, 2026 allowing application of petitioner seeking further investigation after filing of charge-sheet in Haridevpur Police Station Case No. 531 of 2025 dated 18th September, 2025. 4) It is submitted on behalf of State respondents that pursuant to order dated 24th June, 2026 further investigation has commenced and recently investigation has been transferred to Women Grievance Cell, Detective Department, Lalbazar. 5) This Court cannot ignore the fact that based on application of petitioner under Section 173(8) of the Cr.P.C. /193(9) of the BNSS jurisdictional Magistrate passed order dated 24th June, 2026 thereby directing concerned investigating agency to further investigate. 3 It appears that petitioner has accepted said order dated 24th June, 2026 and further investigation is continuing. At this stage, stand taken by petitioner to transfer investigation to another investigating agency is not countenanced since petitioner did not contemporaneously challenge order dated 24th June, 2026 passed by jurisdictional Magistrate. Moreover, investigation has been transferred to Women Grievance Cell, Detective Department, Lalbazar recently. Said investigating agency is directed to expedite investigation and submit a report at an early date before jurisdictional Magistrate. 6) With aforesaid observations, writ petition stands disposed of. 7) All parties shall act on server copy of this order duly downloaded from official website of this Court. (Saugata Bhattacharyya, J.)