19 Ranajit (AR.CT) 23.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 23857 OF 2026 Soumen Malik -vs- The State of West Bengal & Ors. Mr. Arabinda Manna ….for the petitioner. Mr. D. N. Ray, Mr. Guddu Singh, Mr. Sourav Halder, Ms. Diya Chakraborty ….for the State. 1. By presenting this writ petition prayer is made for taking steps in consideration of complaint dated 11th July, 2026 of petitioner. Such complaint dated 11th July, 2026 is directed against respondent no.5 being wife of petitioner. 2. State respondents are represented by learned advocates who has filed a communication dated 22nd September, 2026 of Officer-in-Charge, Kotulpur Police Station, and same is taken on record. Copy of communication dated 22nd September, 2026 is made over to learned advocate representing petitioner. 3. It is disclosed in said communication dated 22nd September, 2026 that due to marital acrimony there have been complaint and counter complaint at the instance of husband and wife. In the present writ petition husband is the petitioner. Based on complaint of wife previously an FIR was drawn up. Consequently, Kotulpur Police Station Case No 272/24 dated 25th September, 2024 was initiated which culminated into filing of charge-sheet dated 30th September, 2024. 4. However, on preliminary enquiry as it is revealed in communication dated 22nd September, 2026 cognizable offence is not found to have been committed as a result whereof no FIR was drawn up against respondent nos.5 & 6. 5. If petitioner finds that there is inaction on the part of concerned police authorities in taking steps based on complaint lodged, in that event petitioner shall be at liberty to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023 in pursuit of remedy. 6. Writ petition stands disposed of. 7. It is clarified that if jurisdictional Magistrate is approached under Section 175(3) of BNSS, 2023, decision shall be taken without being influenced by the order passed today on this writ petition. 8. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2