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2026 DAILYLAW 42747 (CAL)

SUJIT KHAN v. STATE OF WEST BENGAL AND ORS.

WPA/23937/2026 · 2026-09-23

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

30 2233..0099..22002266 Ct. No. 05 adeb WPA 23937 of 2026 Sujit Khan Vs. The State of West Bengal & Ors. Mr. Ramij Munshi Ms. Champa Pal …for the petitioner Mr. Gazi Faruque Hossain …for the respondent nos. 6 to 18 Mr. Rajdeep Mantha Mr. Arghya Chatterjee …for the State 1. Affidavit of service filed on behalf of petitioner is taken on record. 2. By presenting this writ petition prayer is made for incorporation of rigorous Sections while investigating Polba Police Station Case No. 267 of 2026 dated 22nd August, 2026. It is also submitted by learned advocate representing petitioner that petitioner had to approach jurisdictional Magistrate under Section 175(3) BNSS 2023 for registering FIR. Application of petitioner was allowed thereby directing concerned police authority to register FIR and subsequent thereto steps were taken, FIR was registered. 3. Now grievance is expressed on behalf of petitioner with regard to failure on the part of 2 concerned police authorities to incorporate other rigorous Sections. 4. State respondents are represented by learned advocate who has submitted that petitioner is not cooperating with the investigating officer and notice under Section 94 BNSS 2023 is not being complied with. 5. Private respondents are represented by learned advocate. 6. If petitioner finds that in ongoing investigation of Polba Police Station Case No. 267 of 2026 dated 22nd August, 2026 certain other rigorous Sections are required to be incorporated in that event petitioner needs to approach jurisdictional Magistrate. In this regard reliance is placed on the judgment of Hon’ble Supreme Court reported in 2026 SCC OnLine SC 798 (Sujal Vishwas Attavar and Anr. Vs. State of Maharashtra and Ors.). 7. In paragraph 7 of Sujal Vishwas Attavar (supra) it has been succinctly decided that even after registration of FIR if investigation is not being conducted appropriately in that event approach has to be made within the statutory framework at the first instance. 8. In view of availability of alternative remedy present writ petition is disposed of thereby 3 permitting the petitioner to approach jurisdictional Magistrate. 9. Taking note of submission made on behalf of State respondents, petitioner is directed to cooperate with the investigating officer for taking investigation to its logical conclusion at an early date. 10. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)