22.09.2026 Court No.25 D/L No.22 S. Gayen In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 18736 of 2026 Jagdish Singh Versus The State of West Bengal & Ors. Mr. Suddhadev Adak Ms. Richa Pramanik …for the Petitioners Ms. Rashmi Ghosh Mr. Ghanshyam Pandey …for the State Mr. Abhrajit Mitra, Sr. Adv. Mr. jaydeep Biswas Mr. Soham Sen Mr. Supriyo Banerjee Mr. Sourav Sharma …for the Respondent Nos.8 to 10 & 12 Mr. Rachit Lakhmani Mr. Rohit Bhattacharjee …for the Respondent No.11 1. The petitioner has filed the present writ application on the allegation that the petitioner has made several complaints to the police authorities and District Magistrate against the society for illegal financial irregularities and mismanagement of Teg Bahadur Public School but in spite of the receipt of the complaints filed by the petitioner, no action has been taken. 2. Learned counsel for the petitioner has relied upon Section 23 of the West Bengal Societies Registration Act, 1961 and submits that as per the Act, where on information received, the State Government is of opinion that there are circumstances suggesting that 2 the business of a society is being conducted with intent to defraud its creditors, members or any other person, or that the society is guilty of mismanaging its affairs or of any fraudulent or unlawful act, the State Government may appoint a competent person to investigate into the affairs of the society. He further submits that the respondent authorities are not acted in terms of Section 23 of the said Act. 3. Learned counsel for the petitioner has relied upon the judgment passed by the Coordinate Bench of this Court in the matter of Sri Ashwini Kumar Damani vs. State of West Bengal & Ors. passed in WPO 1504 of 2023 dated August 23, 2023 and submits that in the similar circumstances of the case the Coordinate Bench of this Court has disposed of the writ application by directing the State of West Bengal to decide the complaints lodged by the writ petitioner and to take appropriate steps in accordance with law. 4. Mr. Abhrajit Mitra, learned senior counsel appearing for the respondent Nos. 8 to 10 and 12 submits that the first annexure which the petitioner has relied upon is of some private parties addressed to the petitioner that is not the complaint of the petitioner. He further submits that the society has issued show cause notice to the petitioner and only after receipt of show cause notice, the petitioner has started making false complaints against the society. He further submits that the complaint does not reveal any cognizable 3 offence. Only to malign the society, the petitioner has made false complaints to the authorities. He further submits that on the one hand, the petitioner has filed the present writ application praying for a direction upon the authorities for taking appropriate action on the representation submitted by the petitioner and on the other hand, the petitioner has filed an application before the learned Additional Chief Judicial Magistrate, Durgapur, Paschim Bardhaman under Section 175(3) of the BNSS, 2023 praying for a direction upon the concerned police officer for registration of FIR and the said fact has been suppressed by the petitioner in the present writ application. He prays for dismissal of the writ application. 5. Learned counsel for the State has submitted report and submits that on receipt of the complaint and the writ petition, the police authorities have conducted the inquiry and during inquiry, no credible evidence was found establishing commission of any cognizable offence requiring immediate registration of an FIR by the police. He further submits that during the preliminary inquiry, the allegation of the large scale financial misappropriation, illegal control of the institution, manipulation of records and siphoning of funds could not be substantiated by any prima facie evidence collected and it is found that the petitioner has made false complaint to the concerned authorities. 4 6. Heard the learned counsel for the respective parties and perused the materials on record. 7. This Court finds that the police authorities have already inquired into the matter and during the inquiry, the police authorities did not find any credible evidence to take appropriate action on the complaint filed by the petitioner. This Court also finds that the petitioner has filed the present writ application praying for direction upon the authorities for taking appropriate action in terms of Section 23 of the West Bengal Societies Registration Act, 1961 and on the other hand, the petitioner has filed an application under Section 175(3) of the BNSS, 2023 praying for registration of FIR. 8. Considering the above, this Court finds that the police authorities have already inquired into the matter but did not find any evidence on the complaint filed by the petitioner. As such, this Court did not find any merit in the present writ application. 9. Accordingly, WPA 18736 of 2026 is dismissed. 10. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. 11. Urgent Photostat certified copy, if applied for, be given to the parties upon compliance with all formalities. (Krishna Rao, J.)