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Calcutta High Court · body

2026 DAILYLAW 43008 (CAL)

REKHA MANDAL v. THE STATE OF WEST BENGAL AND ORS.

WPA/23755/2026 · 2026-09-23

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

10. 10. 23.09.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 23755 OF 2026 REKHA MANDAL VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Sovan Dasgupta, Adv. Mr. Pritam Upadhyay, Adv. Ms. Swagata Sen, Adv. …For Petitioner Ms. Sristi Barman Roy, Adv. Mr. Srijit Halder, Adv. …For State 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. Learned advocate representing petitioner prays for direction upon the concerned police authority for conducting investigation in accordance with law in connection with English Bazar Police Station Case No.2396/2025 dated 22nd November, 2025. Grievance is expressed on behalf of petitioner against concerned police authority in investigating aforesaid criminal prosecution. 3. If petitioner finds that certain steps are required to be taken by the concerned police authority while investigating aforesaid criminal prosecution, in that event, petitioner needs to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023. 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 and another vs. State of Maharashtra and others). In paragraph 7 of Sujal Vishwas Attavar (supra) Hon’ble Supreme Court has held that if it is found that after registration of FIR investigation is not being conducted [2] appropriately, approach has to be made within the statutory framework at the first instance. 4. In view of availability of alternative remedy, present writ petition is not entertained and same stands dismissed. 5. However, this order shall not preclude petitioner to approach jurisdictional Magistrate in pursuit of remedy. 6. Parties to act on the server copy of this order duly downloaded from the official website of this court. (SAUGATA BHATTACHARYYA, J.)