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2026 DAILYLAW 45249 (CAL)

DEBABRATA CHAKRABORTY v. THE STATE OF WEST BENGAL AND ORS

WPA/25594/2026 · 2026-09-30

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

19 Ranajit (AR.CT) 30.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 25594 OF 2026 Debabrata Chakraborty -vs- State of West Bengal & Ors. Mr. Debasis Sur, Mr. Mrinmoy Chatterjee, ….for the petitioner. Ms. Baisali Basu ….for the respondents nos.4 & 5. Mr. Raj Mohan Chattoraj, Ms. Aparajit Mitra ….for the State. 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. Petitioner prays for direction upon concerned police authorities to take certain steps while investigating Mandir Bazar Police Station Case No.122/2020 dated 16th May, 2020. 3. Learned advocate representing State respondents has filed a communication dated 29th September, 2026 of Inspector-in-Charge, Mandir Bazar Police Station and same is taken on record. 4. Learned advocates representing State respondents and respondent nos.4 & 5 have jointly submitted that on completing investigation in aforesaid criminal proceeding charge-sheet dated 31st May, 2020 was filed and in the meantime more than six years have passed. 5. In view of submissions made on behalf of respondents, it appears that writ petition is belated petition which is filed precisely six years after filing of charge-sheet dated 31st May, 2020 and by this time Court below has taken cognizance of offence. Once judicial order intervenes in a criminal proceeding by taking cognizance of offence after filing of charge-sheet, writ petition under Article 226 of the Constitution of India is not maintainable in view of law laid down by the Hon’ble Supreme Court, reported in 2024 SCC OnLine SC 5761 (Neeta Singh & Ors. v. State of Uttar Pradesh & Ors.). 6. Hence, present writ petition is dismissed. 7. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2