GOBINDA PRASAD ROY v. STATE OF WEST BENGAL AND ORS.
WPA/25131/2026 · 2026-09-29
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 44075 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 44075 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
31 2299..0099..22002266 Ct. No. 05
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WPA 25131 of 2026
Gobinda Prasad Roy Vs. The State of West Bengal & Ors.
Mr. Rudraksha Chattopadhyay
Mr. Sudeepto Kumar Basu
…for the petitioner
Mr. Satyam Mukherjee
Ms. Debamita Biswas
Ms. Tamanna Seikh
…for the respondent nos. 7 to 9
Mr. Anish Kumar Mukherjee
Ms. Megha Datta
…for the State
Mr. D. Das
…for the respondent no. 6
1. Affidavit of service filed on behalf of petitioner is taken on record.
2. By presenting this writ petition prayer is made for directing the concerned police authorities to expedite investigation and submit report before the jurisdictional Magistrate.
3. State respondents are represented by learned advocate who has filed a communication dated 20th September, 2026 of Inspector-in-Charge, Rajarhat Police Station and same is taken on record. Copy of communication dated 20th September, 2026 is made over to learned advocate representing petitioner.
4. It is submitted on behalf of State respondents that steps are being taken in investigating
2 Rajarhat Police Station Case No. 175 of 2026 dated 23rd June, 2026.
5. If petitioner is dissatisfied with manner of investigation being carried out in aforesaid criminal prosecution in that event petitioner shall be at liberty to approach jurisdictional Magistrate under Section 175(3) BNSS 2023. 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.).
6. In paragraph-7 of Sujal Vishwas Attavar (supra) it has been held by the Hon’ble Supreme Court that even after registration of FIR if appropriate steps are not taken while investigating case, approach should be made under the statutory framework at the first instance.
7. In view of availability of alternative remedy present writ petition is not entertained and same stands dismissed.
8. However, this order shall not preclude the petitioner to approach jurisdictional Magistrate in pursuit of remedy.
9. It is made clear, if jurisdictional Magistrate is approached decision shall be taken in accordance with law without being influenced
3 by the order passed by this Court on this writ petition.
10. Parties to act on server copy of this order duly downloaded from the official website of this Court.
(Saugata Bhattacharyya, J.)