24 Ranajit (AR.CT) 30.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 25614 OF 2026 Baharuddin Sarkar -vs- The State of West Bengal & Ors. Mr. Shyanti Poddar ….for the petitioner. Mr. Piyush Chaturvari, Ms. Shisti Barman Roy, Ms. Ritu Das ….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 necessary steps while investigating Gazole Police Station Case No.740/2026 dated 6th July, 2026. It is further submitted that taking note of complaint of petitioner aforesaid FIR was registered but subsequently necessary steps are not taken by concerned police authorities prompting petitioner to approach this Court with present writ petition. 3. Learned advocate representing State respondents has filed a communication dated 16th September, 2026 of Inspector-in-Charge, Gazole Police Station and same is taken on record. Copy of communication dated 16th September, 2026 is made over to learned advocate representing petitioner. 4. It is disclosed in the communication dated 16th September, 2026 that there are complaint and counter complaint giving rise to two separate criminal prosecutions – i) Gazole Police Station Case No.740/2026 dated 6th July, 2026 and ii) Gazole Police Station Case No.737/2026 dated 5th July, 2026. 5. In Gazole Police Station Case No.737/2026 dated 5th July, 2026 petitioner is first FIR named accused persons but petitioner is enlarged on bail. Prayer is made in this writ petition for directing the concerned police authorities to take necessary steps in Gazole Police Station Case No.740/2026 dated 6th July, 2026. 6. If petitioner is dissatisfied with steps taken by concerned police authorities while investigating Gazole Police Station Case No.740/2026 dated 6th July, 2026, in that event petitioner needs to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023. 7. 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 approach needs to be made within statutory framework at the first instance. 8. Hence, present writ petition is not entertained and 2 same stands dismissed. 9. However, this order shall not preclude petitioner to approach jurisdictional Magistrate in pursuit of remedy. 10. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 3