Sl. No.A1158 24.09.2026 Suman Ct. 237 CRR 1054 of 2025 With CRAN 1 of 2026 (This CRAN is not found with the file) Md. Izajur Rahman and Another Vs. The State of West Bengal & Anr. Ms. Sagnika Banerjee Ms. Sarmistha Basak ..for the petitioners Let the affidavit of service filed by the petitioners be kept with the records. Despite service, the opposite parties remain unrepresented in the present case. The process was issued by the learned Magistrate under Sections 316(2)/318(4) of the Bharatiya Nyaya Sanhita, 2023, without conducting a preliminary inquiry in terms of Section 225 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It appears that the petitioners/accused persons are residing outside the territorial jurisdiction of the learned Magistrate. In my view, without conducting a preliminary inquiry in the present case, the learned Magistrate could not have issued the process. Accordingly, the order taking cognizance dated January 3, 2025, is set aside, and all consequential orders passed pursuant thereto are also set aside. The learned Magistrate shall conduct a preliminary inquiry in terms of Section 225 of the Bharatiya Nagarik Suraksha Sanhita, 2023, within a period of three months from date and, thereafter, proceed with the case in accordance with law. Accordingly, CRR 1054 of 2025, along with CRAN 1 of 2026 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings. (Kausik Chanda, J.) 2