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2026 DAILYLAW 40991 (CAL)

M/S SOLUTION v. THE STATE OF WEST BENGAL AND ORS

MAT/1029/2026 · 2026-09-15

Arijit Banerjee, Reetobroto Kumar Mitra

body2026

Judgment text

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05. 15.09.2026 Court No.8 (Tanmoy) MAT/1029/2026 IA NO: CAN/1/2026, CAN/2/2026, CAN/3/2026 M/S SOLUTION VS THE STATE OF WEST BENGAL AND ORS. Mr. Pijush Kanti Khanra Mr. Uttam Banerjee Mr. Somnath Khanra Mr. Sahin Mondal …for the appellant. Mr. Ajit Kr. Mishra, Ld. AGP Mr. Gopal Krishna Sarkar Mr. Milind Mohul Ghosh …for the State. Mr. Bratin Kumar Dey …for the respondent no.2. Mr. Avinash Kankani Ms. Bidisha Chakraborty …for Bar Council of India. Mr. Niladri Shekhar Ghosh Mr. Souvik Dey Ms. Labani Sikder Mr. Debarshi Mukhopadhyay …for the respondent no.10/ writ petitioner. Dictated by Arijit Banerjee, J. In Re: IA NO: CAN/3/2026 1. This is an application for condonation of delay of 61 days in presenting the appeal, as noted by the Stamp Reporter. Causes shown being sufficient, the delay is condoned. 2. IA NO: CAN/3/2026 is accordingly disposed of. 2 In Re: IA NO: CAN/2/2026 3. This is an application for leave to prefer appeal against an order dated March 25, 2026, passed by a learned Judge of this Court whereby the writ petition filed by the respondent no.10 herein being WPA/6844/2026, was disposed of. 4. The intending appellant says that the order that he proposes to challenge, adversely affects him. 5. Having heard learned Counsel for the parties, we are inclined to and hereby do grant leave to the applicant to prefer appeal against the order dated March 25, 2026. 6. The application being IA No: CRAN/2/2026 is accordingly disposed of. In Re: MAT/1029/2026 With IA NO: CAN/1/2026 7. By consent of the parties, the appeal and the connected application are taken up together for hearing. 8. The respondent no.10/writ petitioner approached the learned Single Judge with a grievance that although the respondent no.9 in the writ petition, i.e., Solution Law Firm, having its Office at 42, Vivekananda Road, Girish Park, Kolkata – 700007, is carrying on the business of Law Firm irregularly and fraudulently, the Police 3 was not acting on the basis of the complaint lodged in that regard. The complaint was in the form of a letter dated March 5, 2026, written by an Advocate. 9. It was submitted on behalf of the State that the said letter was treated as an FIR and a criminal case has been registered. Investigating Officer has been appointed. 10. Taking note of the fact that the FIR has been registered and criminal case has been initiated under Sections 319(2)/318(4)/61(2) of Bharatiya Nyaya Sanhita (BNS), 2023, the writ petitioner was directed to appear before the Officer-in-Charge, Girish Park Police Station, Kolkata, to put her signature on the relevant FIR. We are told that she has done so. 11. The learned Judge disposed of the writ petition by directing that after completion of the formalities, the concerned Police Authority shall take the investigation to its logical conclusion. 12. Being aggrieved, the appellant has come up by way of this appeal. 13. The appellant says that the appellant is not the respondent no.9 in the writ petition. However, the appellant has responded to the notice under Section 35(3) of Bharatiya Nagarik Suraksha 4 Sanhita (BNSS), 2023. No coercive action should be taken against the appellant. 14. Learned State Counsel tells us that the appellant has not complied with the notice under Section 35(3) of BNSS, 2023. We are not inclined to go into such a dispute. If the appellant has not complied with the notice under Section 35(3) of BNSS, 2023, the Investigating Authority shall be at liberty to take appropriate steps, in accordance with law. 15. We are not inclined to interfere with the criminal investigation, at least at this stage. Let the investigation be carried to its logical conclusion. We hope that the appellant will co- operate with the Investigating Agency. We see no reason to interfere with the order under appeal. 16. The appeal being MAT/1029/2026 and the connected application being IA No: CRAN/1/2026 accordingly stand dismissed. 17. Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance with all requisite formalities. (Arijit Banerjee, J.) (Reetobroto Kumar Mitra, J.)