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2026 DAILYLAW 42670 (CAL)

ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED v. STATE OF WEST BENGAL AND ORS.

WPA/24299/2026 · 2026-09-23

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

57 Ranajit (AR.CT) 23.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 24299 OF 2026 ICICI Lombard General Insurance Company Limited -vs- The State of West Bengal & Ors. Mr. Sayak Majumder ….for the petitioner. Ms. Rashmi Bathra, Mr. Rajen Dutta ….for the State. 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. An insurance company is before this Court with the present writ petition seeking investigation to be conducted by Special Investigation Team (SIT) in view of order passed by the Hon’ble Supreme Court on 12th September, 2023. In support of such case reliance is placed on order passed by the coordinate Bench on 20th February, 2024 on writ petition being WPA 1378 of 2023. 3. State respondents are represented by learned advocate who has filed a communication dated 23rd September, 2026 of Inspector-in-Charge, Baruipur Police Station, and same is taken on record. Copy of communication dated 23rd September, 2026 is made over to learned advocate representing petitioner. 4. It is disclosed in said communication dated 23rd September, 2026 that based on complaint lodged criminal prosecution being Baruipur Police Station Case No.1466/24 dated 9th September, 2024 was initiated which culminated into filing of charge-sheet dated 30th September, 2024 before the jurisdictional Magistrate. However, from communication dated 23rd September, 2026 it is not clear whether investigation was conducted by Special Investigation Team (SIT) which was required to be constituted in terms of order dated 12th September, 2023. 5. Since investigation has concluded and charge-sheet dated 30th September, 2024 was filed before the jurisdictional Magistrate writ petition is not maintainable in view of law laid down by the Hon’ble Supreme Court, reported in 2024 SCC OnLine SC 5761 (Neeta Singh & Ors. v. State of Uttar Pradesh & Ors.). 6. This Court is not considering petition under Article 227 of the Constitution of India nor the petition under Section 482 Cr.P.C./528 BNSS, 2023. Once charge- sheet is filed and cognizance of offence is taken by passing judicial order, this Court while exercising jurisdiction under Article 226 of the Constitution of India is not an appropriate forum to look into the issue. 7. Hence, present writ petition is not entertained and same stands dismissed. 8. However, this order shall not preclude petitioner to approach appropriate forum in accordance with law. 9. It is made clear that issue raised in this writ petition is 2 kept open. 10. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 3