Extracted from the PDF above. The PDF is authoritative.
38 Ranajit (AR.CT)
29.09.2026 Ct.05
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 25270 OF 2026 XXXXXXX -vs- State of West Bengal & Ors. Mr. Soham Kumar Roy, Mr. Abhijit Roy Chowdhury ….for the petitioner. Mr. Samim Ahamed, Ms. Zoya Eram ….for the respondent nos.7 to 9. Ms. Susmita Saha Dutta, Mr. Madhu Jana, Mr. Sarban 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 directing concerned police authorities to take appropriate steps in accordance with law while investigating Techno City Police Station Case No. 100/26 dated 18th June, 2026 under certain provisions of BNS, 2023. It is also alleged that accused persons are released on bail. Therefore, police authorities are required to provide protection to petitioner and in support of such contention reliance is placed on an email letter dated 2nd September, 2026.
3. State respondents and respondent nos.7 to 9 are represented by learned advocates.
4. If petitioner has grievance regarding manner of
investigation being carried out while investigating aforesaid case, in that event petitioner needs to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023.
5. 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 & Anr. v. State of Maharashtra & Ors.). In paragraph 7 of Sujal Vishwas Attavar (supra) it has been succinctly held that even after registration of FIR if proper investigation is not being conducted, in that event parties need to approach within statutory framework at the first instance.
6. There is another grievance of petitioner that accused persons are released on bail; therefore, petitioner needs to be provided protection by police authorities.
7. On perusal of email letter dated 2nd September, 2026 it does not appear that allegation of following and watching the petitioner directly connect accused persons.
8. If accused persons are on bail, petitioner is at liberty to approach appropriate forum for cancellation of bail, if occasion so arises.
9. Writ petition stands disposed of.
10. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2