26 Ranajit (AR.CT) 16.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 23377 OF 2026 Pallobi Dutta -vs- The State of West Bengal & Ors. Mr. Shohom Sanyal, Mr. Kaushani Dey ….for the petitioner. Mr. Anindya Bose, Mr. Santanu Maji, Ms. Raina Das ….for the respondent nos.5 to 15. Mr. Pratip Mukherjee, Ms. Shetparna Ray ….for the State. 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. By presenting this writ petition petitioner has expressed dissatisfaction with regard to steps taken by concerned police authorities in connection with pending criminal prosecutions. Petitioner prays for direction upon concerned police authorities which would prevent petitioner from being assaulted. It is alleged that petitioner was previously assaulted while functioning as member of Non-Governmental Organization (for short “NGO”). 3. Respondent nos.5 to 15 and State respondents are represented by learned advocates. 4. Learned advocate representing State respondents has filed a communication dated 7th September, 2026 of Officer-in-Charge, Chanditala Police Station and same is taken on record. Copies of communication dated 7th September, 2026 are made over to learned advocates representing petitioner and respondent nos.5 to 15. 5. It is disclosed in communication dated 7th September, 2026 that three FIRs are registered till date based on complaints lodged. First FIR is Chanditala Police Station Case No.597/23 dated 30th July, 2023 and same is culminated into filing of charge-sheet dated 31st August, 2023 before the jurisdictional Magistrate. Second FIR is Chanditala Police Station Case No.618/23 dated 9th August, 2023 and same also is culminated into filing of charge-sheet dated 31st August, 2023 before the jurisdictional Magistrate. Last criminal prosecution is Chanditala Police Station Case No.810/26 dated 2nd September, 2026 in connection with which investigation is going on. 6. Since concerned police authorities have registered three FIRs out of which in connection with two previous FIRs on completing investigation charge- sheets were filed, no further order need be passed in respect of those FIRs. 7. However, it is submitted on behalf of State respondents that concerned police authorities are investigating Chanditala Police Station Case No.810/26 dated 2nd September, 2026. 8. Concerned police authorities are directed to investigate the case and submit a report before the jurisdictional Magistrate at an early date. 2 9. If petitioner is aggrieved by manner of investigation being carried out, in that event petitioner shall be at liberty to approach jurisdictional Magistrate under Section 175(3) BNSS 2023. 10. 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 approach has to be made within statutory framework at the first instance. 11. 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. 12. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 3