28.09.2026 30 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 24992 of 2026 Sk Habibur Rahaman –Versus – The State of West Bengal & Ors. Mr. Sanjib Das ….for the petitioner Mr. Mayukh Mukherjee Ms. Ritu Das Ms. Sagnika Banerjee …for the State respondents 1) Affidavit of service filed on behalf of petitioner is taken on record. 2) After filing of report in Debra Police Station Case No. 265/21 dated 24th May, 2021 petitioner filed a protest petition which was refused vide order dated 9th August, 2023 by jurisdictional Magistrate prompting petitioner to approach a coordinate Bench by filing Criminal Revisional Application being CRR 3537 of 2023. The coordinate Bench vide order dated 2nd May, 2024 while disposing of aforesaid Criminal Revisional Application directed for further investigation and report to be submitted by Investigating Officer within a specified period. Subsequent thereto, Investigating Officer filed charge-sheet dated 24th November, 2024. 2 Petitioner on being dissatisfied with said charge-sheet dated 24th November, 2024 filed second protest petition and same was dismissed by jurisdictional Magistrate. However, order passed by jurisdictional Magistrate on second protest petition of petitioner in aforesaid criminal prosecution is not disclosed in writ petition. 3) It is pointed out by learned advocate representing State respondents if protest petition filed by petitioner after filing of charge-sheet dated 24th November, 2024 is dismissed, in that event writ petition is not maintainable. 4) This Court finds substance in submission made on behalf of State respondents. If jurisdictional Magistrate refuses to entertain or interfere with the protest petition of petitioner filed after filing of charge-sheet dated 24th November, 2024, in that event writ petition is not maintainable. Petitioner needs to approach appropriate forum in accordance with law. 5) Hence, writ petition stands disposed of. 6) However, this order shall not preclude petitioner to take steps in accordance with law, if so advised. 7) Parties to act on server copy of this order duly downloaded from official website of this Court. (Saugata Bhattacharyya, J.)