07 Ranajit (AR.CT) 22.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 21608 OF 2026 Sujoy Halder -vs- The State of West Bengal & Ors. Mr. Timir Baran Saha ….for the petitioner. . Mr. Asraf Mandal, Mr. Tushar Shil ….for the respondent nos.7 & 8. Mr. Indrajit Roy Chowdhury, Mr. Jaydipta Mandal ….for the State. 1. Matter is heard in presence of learned advocates representing petitioner, respondent nos.7 & 8 and State respondents. 2. It is submitted on behalf of petitioner that based on complaint FIR was drawn up being Karimpur Police Station Case No.206/2026 dated 1st July, 2026 but subsequently appropriate steps are not being taken while investigating said case. 3. State respondents are represented by learned advocate who has filed a communication dated 21st September, 2026 of Inspector-in-Charge, Karimpur Police Station and same is taken on record. Copy of communication dated 21st September, 2026 is made over to learned advocate representing petitioner. 4. In the communication dated 21st September, 2026 steps taken by police authorities while investigating the case are disclosed. 5. Be that as it may, writ Court in exercise of its jurisdiction under Article 226 of the Constitution of India is not an appropriate forum, in the event defacto- complainant expresses dissatisfaction while investigating the case. 6. 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 was decided that if parties are not satisfied with regard to investigation after registration of FIR, in that event steps are required to be taken under Section 175(3) of BNSS, 2023 by approaching jurisdictional Magistrate at the first instance. 7. 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. 8. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2